SCOTUSblog » A new vote for property rights?: "The Supreme Court refused on Monday, amid a flurry of orders, to reopen the heated controversy over the power of government to seize private property for a new economic development project, but owners of property appeared to have picked up a potential new ally on the Court. Justice Samual A. Alito, Jr., was the only member of the Court to note that he would have granted review of a significant Second Circuit Court ruling on property rights in the face of a massive new project in the Prospect Heights section of Brooklyn, N.Y.
The Court as a whole turned down an appeal by a group of homeowners and business operators who are likely to lose their property to the 22-acre development near the rail yards for the Long Island Railroad. That development, planned by a group headed by developer Bruce Ratner, is the Atlantic Yards Arena and Development Project; it will provide a new home for the New Jersey Nets professional basketball team (which Ratner owns), plus 16 high-rise office and aprtment towers, and a 180-room hotel. The failed appeal by property owners involves about 20 percent of the development site. (Their appeal to the Supreme Court came in Goldstein, et al., v. Pataki, et al., 07-1247)."
--------------
Mystery Reader sent this SCOTUSblog piece by Lyle Denniston speculating about Samuel Alito being a balance-tipping fifth vote in favor of property rights. Intriguing possibility--and a whole lot depends on the presidential election, too, because that may determine who makes three or four USSC appointments.
No comments:
Post a Comment