On March 31, 2008
11 Plaintiffs Filed a Petition for a Writ of Certiorari
Property Owners and Tenants Ask the
Supreme Court of the United States to
Hear Their Atlantic Yards Eminent Domain Case
to Download Petition (with appendix)
to Download Petition (without appendix)
Defendants' (Empire State Development Corporation & NYC) Opposition
Plaintiffs' Reply to Defendants' Opposition (June 3)
Brief amicus curiae of Institute for Justice (May 2)
QUESTIONS PRESENTED TO THE COURT
Is the Court’s statement that the Public Use Clause prohibits the
taking of “property under the mere pretext of a public purpose, when
[the] actual purpose [is] to bestow a private benefit,” Kelo v.
City of New London, 545 U.S. 469, 478 (2005), a rule of general application,
or is it limited to takings justified solely on economic development grounds?
Does the substantial deference afforded to legislative public use determinations
Hous. Auth. v. Midkiff, 467 U.S. 229 (1984), apply to non-legislative
What are the elements of a Public Use Clause claim, and how should such
a claim be evaluated on a motion to dismiss, given the tension between Kelo’s
assurance that “purpose” and “pretext” matter and
Midkiff’s statement that courts should defer to a legislative
taking that appears “rationally related to a conceivable public purpose”?
Daniel Goldstein, Maria Gonzalez, Jerry Campbell, Yesenia
Gonzalez, David Sheets,
Jackie Gonzalez, Aaron Piller, Peter Williams
Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific Carlton Development
Corp., Chadderton’s Bar and Grill, Inc., Gelin Group, LLC, and Rockwell
Property Management, LLC.
George E. Pataki, New York State Urban Development
Corporation, Bruce C. Ratner,
James P. Stuckey, Forest City Enterprises, Inc., Forest City Ratner Company,
Ratner Group, Inc., BR FCRC, LLC, BR Land, LLC, FCR Land, LLC, Brooklyn
Arena, LLC, Atlantic Yards Development Company, LLC, Michael Bloomberg,
Daniel Doctoroff, Andrew M.Alper, Joshua Sirefman, City of New York and
New York City Economic Development Corporation.