The United States Supreme Court denied the petition to grant a hearing (cert petition) to eleven property owners and tenants who asked the court to hear their appeal on the Second Circuit Court’s dismissal of their challenge to the use of eminent domain for Forest City Ratner’s Atlantic Yards development proposal in Prospect Heights, Brooklyn. The petition received serious consideration by the Court. In a rare statement accompanying the denial (it’s unusual to have any statment at all when a petition is denied), Justice Alito said he would grant the petition. However, four Justices are required to accept the case.The Court’s denial of the petition in Goldstein et al. v. Pataki et al. does not affirm or deny the plaintiffs’ arguments, nor was it a ruling one way or the other on the plaintiffs’ claims.And it is not the end of the legal road for the plaintiffs.
Goldstein’s case goes back to the state court system in New York.
Goldstein’s case goes back to the state court system in New York.Also, FNC’s Special Report with Brit Hume featured Goldstein’s case last Thursday and places it in the context of Kelo.