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Warning: Cannot modify header information - headers already sent by (output started at /home/dddb/dddb.net/eminentdomain/index.php:57) in /home/dddb/dddb.net/php/WideTemplate.php on line 64 Develop Don't Destroy Brooklyn
Peter Williams Enterprises, Inc et al. v. Empire State Development Corporation
Article 78 Petition to
Compel the ESDC to Issue New Determinations and Findings
Under the New York State Eminent Domain Procedure Law
Filed January 19, 2010 in Manhattan State Supreme Court
Petitioners
Peter Williams Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific
Carlton Development Corp., Daniel Goldstein, and Chadderton's Bar and Grill,
Inc., d/b/a Freddy's Bar and Backroom
ARTICLE
4 (Condemnation) PETITION
FILED BY
EMPIRE STATE DEVELOPMENT CORPORATION
TO TAKE TITLE TO PROPERTIES FOR THE ATLANTIC YARD PROJECT
BY EMINENT DOMAIN
Argued in Brooklyn Supreme Court
in front of Judge Abraham Gerges
January 29, 2010
Respondents
Peter Williams Enterprises, Inc., 535 Carlton Ave. Realty Corp., Pacific
Carlton Development Corp., Daniel Goldstein, and Chadderton’s Bar
and Grill, Inc., d/b/a Freddy’s Bar and Backroom
Appellants/Petitioners
DANIEL GOLDSTEIN, PETER WILLIAMS, ENTERPRISES, INC., 535 CARLTON AVE. REALTY
CORP., PACIFIC CARLTON DEVELOPMENT CORP., THE GELIN GROUP, LLC, CHADDERTON’S
BAR AND GRILL INC., d/b/a FREDDY’S BAR AND BACKROOM, MARIA GONZALEZ,
JACKIE GONZALEZ, YESENIA GONZALEZ, and DAVID SHEETS
Goldstein et al. v. Empire State Development Corporation
Court of Appeals Ruled Against Property
Owners and Tenants
On November 24, 2009
[ Press Release and Ruling
] New York State has not yet attempted
to take titles to properties.
The plaintiffs plan to litigate to stop that from happening.
Petitioners-Appellants:
Daniel Goldstein; Peter Williams Enterprises,
Inc.; 535 Carlton Ave. Realty Corp.; Pacific
Carlton Development Corp.; The Gelin Group, Llc; Chadderton’s Bar
and Grill Inc., d/b/a Freddy’s Bar And Backroom; Maria Gonzalez;
Jackie Gonzalez; Yesenia Gonzalez; David Sheets
August 1st: Petition
filed in the Appellate Division Second Department of New York
State Supreme Court under EDPL 207.
> Press Release (August 1, 2008)
Petitioners:
Daniel Goldstein; Peter Williams Enterprises,
Inc.; 535 Carlton Ave. Realty Corp.; Pacific
Carlton Development Corp.; The Gelin Group, Llc; Chadderton’s Bar
and Grill Inc., d/b/a Freddy’s Bar And Backroom; Maria Gonzalez; Jackie
Gonzalez; Yesenia Gonzalez; David Sheets
The US Supreme Court declined
to grant cert and accept the plaintiffs's case. The plaintiffs'
will shortly file their eminent domain claims in state court, in the appellate
divsion.
June 23, 2008 Press
Release on the Court's order. Supreme Court Denies Eminent Domain Petition
From Owners & Tenants Facing Property Seizures for Atlantic Yards 11 Property Owners and Tenants Will Take Their Case to
NY State Court To Challenge the Improper Use of
Eminent Domain Under New York State Law
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
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:
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.
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)
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.)
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
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
