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Federal Eminent Domain Lawsuit
Goldstein v. Pataki
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

Click to Download Petition (with appendix)

Click to Download Petition (without appendix)

(Docket # 07-1247)

> Defendants' (Empire State Development Corporation & NYC) Opposition (May 16)

> 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 under Hawaii
Hous. Auth. v. Midkiff
, 467 U.S. 229 (1984), apply to non-legislative condemnation decisions?

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”?
Press coverage of the petition to the Supreme Court:

Kelo sequel to Court
Lyle Denniston. SCOTUS Blog

Atlantic Yards heads to Supreme Court
Eleven property owners and tenants filed a petition this week asking the U.S. Supreme Court to hear their eminent domain appeal.
Crain's New York Business. Kira Bindrim.

Group wants Supreme Court to hear Atlantic Yards case
AP (Newsday)

AY eminent domain appeal asks the Supreme Court to clarify Kelo decision
Atlantic Yards Report

Atlantic Yards May Prompt Supreme Court To Revisit Eminent Domain
NY Sun. Joseph Goldstein.

Cert Petition in Goldstein v. Pataki: How to Plead Kelo Pretext inversecondemnation.com
Original complaint filed October 26, 2006 in the
United States District Court for the Eastern District of New York
Case Files (PDFs) Complaint Motion to Dismiss Appeal
PLAINTIFFS

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.

DEFENDANTS

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.

Case Rulings and History
(Plaintiffs will be asking the US Supreme Court to Hear Their Appeal)

Complaint - filed October 26, 2006

Magistrate Judge Robert M. Levy's Report &
Recommendation to presiding Judge Nicholas Garaufis (Feb. 23, 2007)


Presiding Judge Nicholas Garaufis' Memorandum and Order on Motion to Dismiss
(June 6, 2007)


US 2nd Circuit Court Opinion on Motion to Dismiss
(February 1, 2008)

Appeal to 2nd Circuit Court of the District Court's Decision on the Motion to Dismiss
(Filed July 31, 2007)
(Oral argument scheduled for Oct. 9, 10am.)

US 2nd Circuit Court Opinion (February 1, 2008)
PLAINTIFFS
Appeal Brief to the United States 2nd Circuit Court of Appeals
(Filed July 31, 2007)
ESDC (Filed August 31, 2007)
Appellee's Response Brief

State of NY (Filed August 31, 2007)
Appellee's Response Brief

City of NY
(Filed August 31, 2007)
Appellee's Response Brief

Forest City Ratner
(Filed August 31, 2007)
Appellee's Response Brief
Motion to Dismiss (Filed December 15, 2006)
PLAINTIFFS
Memorandum of Law in Opposition to Defendants' Motion to Dismiss
(Filed January 5, 2007)

Amended Complaint
(Filed January 5, 2007)

Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Supplemental EDPL Claims
(Filed January 26, 2007)

Oral arguments are scheduled for Wednesday, February 7, 2007 at 2:00 p.m. in United States District Court:
Eastern District of New York
225 Cadman Plaza East
Courtroom 4D



ESDC
Dismissal Memorandum of Law
Notice of Motion
Affidavit on Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

Reply in Support of Motion to Dismiss Fourth Cause of Action in Amended Complaint
(Filed February 1, 2007)

State of NY
Dismissal Memorandum of Law
Notice of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

City of NY
Dismissal Memorandum of Law
Notice of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

Forest City Ratner
Dismissal Memorandum of Law
Notice of Motion
Declaration of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)
Report & Recommendation Re: Motion to Dismiss (Issued February 23, 2007)

Magistrate Judge Robert M. Levy's Report & Recommendation to presiding Judge Nicholas Garaufis

Friday, March 30, 2007. 11 AM
Hearing on Magistrate Levy's Report & Recommendation
United States District Court, Eastern District of New York
225 Cadman Plaza East.
Room 4D

PLAINTIFFS
Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 9, 2007)

Memorandum of Law in Response to Defendants' Objections to Magistrate Judge Levy's Report & Recommendation (on ripeness and Younger abstention)
(Filed March 23, 2007)

Plaintiffs' Reply in Further Support of their Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 28, 2007)
ESDC
Objections to Magistrate Judge Levy's Report & Recommendations (on ripeness and Younger abstention) (Filed March 9, 2007)

Memorandum of Law in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)

Defendants' Reply in Further Support of their Objections to Magistrate Judge Levy's Report & Recommendation (on ripeness and Younger abstention)
(Filed March 28, 2007)

City of NY
MOL in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)

Forest City Ratner
MOL in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)
Press coverage of the arguments:

Eminent domain case gets serious consideration in court (but the press mostly passes)
Norman Oder. Atlantic Yards Report. March 31.

Procedural arguments return as eminent domain case hearing approaches
Norman Oder. Atlantic Yards Report. March 29.

Judge Poses Tough Questions to Atlantic Yards Backers
Joseph Goldstein. NY Sun. February 8.

“Public purpose” enters uncharted territory in marathon eminent domain “seminar”
Norman Oder. Atlantic Yards Report. February 8.

Opening salvos fired in Atlantic Yards case
Patrick Arden. Metro NY. February 8.

Atlantic Yards fight in court as mayor weighs in
Michael Clancy. amNewYork. February 8.

Yards Ball Now In Judge's Court
Nik Kovac. Brooklyn Downtown Star. February 15.