Brooklyn’s Real Newspaper BrooklynPaper.com • (718) 834–9350 • Brooklyn, NY • ©2007 BROOKLYN HEIGHTS–DOWNTOWN EDITION AWP/16 pages • Vol. 30, No. 23 • Saturday, June 9, 2007 • FREE INCLUDING DUMBO CASE DISMISSED Judge: Eminent domain suit ‘baseless’ By Ariella Cohen “Jobs, Housing and Hoops” said ESDC spokesman Errol Cockfield. The Brooklyn Paper scheme did not meet, the Plaintiffs’ attorney Matthew Brinck- dismissed suit charged. erhoff said he would appeal the ruling. Afederal judge this week dis- Brooklyn District Court “We are confident that the appellate missed the central lawsuit against Judge Nicholas Garaufis rul- court will allow this case to proceed to Bruce Ratner’s Atlantic Yards, strik- ed that the plaintiffs — 13 trial … [where] the citizens of New ing a major blow to opponents of the condemned property own- York will finally learn the real reason $4-billion, arena, residential, retail ers, including the manage- plaintiffs’ properties were selected to and office skyscraper project. ment of Freddy’s Bar on be forcibly taken,” Brinckerhoff said. The costly lawsuit — officially Dean Street — hadn’t While several cases against Atlantic known as Goldstein v. Pataki, taking shown “sufficient” evidence Yards are pending, the case dismissed the name of its lead plaintiff, Daniel that the developer, or the was the only challenge specifically Goldstein of Develop Don’t Destroy focused on the state’s use of eminent Empire State Development Bruce Ratner’s win in court is a big loss for Brooklyn, and the former governor — Corporation, which con- domain, and the only challenge that sought to challenge the government’s demned land for the project, foes like Daniel Goldstein (r.). had a chance of blocking the project right to seize privately owned property had abused the govern- completely. and turn it over to a private developer, ment’s power to take private property. blighted,” he wrote, adding that the plain- An expert on governmental takings, seizing on a line of attack left open by Garaufis said that while the ESDC tiff’s allegation that the public would not Steven Anderson of the anti-eminent the Supreme Court’s controversial and the developer may have overstated benefit from Atlantic Yards is “baseless.” domain Institute for Justice, said Brinc- 2005 Kelo decision. the public benefit of the glitzy, Frank State officials cheered the decision, kerhoff had a tough road ahead of him. In that watershed 5-4 ruling, the Gehry-designed development, there which affirmed a February recom- “New York law isn’t written to favor High Court upheld the right of govern- was still enough benefit to legitimate mendation by a special judicial master homeowners or small businesses,” An- ments to seize property long as the pri- the taking. that the federal case should be dis- derson said. “It favors the beneficiaries vate project served a public purpose “[T]he project will create large quanti- missed and refiled in state court. of eminent domain.” and had been “carefully considered” — ties of housing and office space, as well “This is yet another instance in which Ratner declined a request to com- two legal requirements that Ratner’s as a sports arena, in an area that is mostly the project has stood up to legal scrutiny,” ment on the big win. Coney wants 1 more ride Mango P. / Gregory The Brooklyn Paper The Brooklyn By Christopher Cascarano troland site late last year to level and build a for The Brooklyn Paper $2-billion Vegas-style amusement-condo com- plex. Coney Island’s historic Astroland Park did Thor’s theme park would include movie the tilt-a-whirl this week — first putting all theaters, beachfront luxury condos, a 150-foot its rides up for sale, then apparently pulling waterslide, a multi-level carousel, and first new them back as elected officials scambled to roller coaster since the Cyclone was built in give the doomed amusement park one last Pooch Cafe 1927. ride. To build his Xanadu, Sitt needs a city rezo- The topsy-turvy week started with the 44- niong — one that city officials have been re- year-old funland posting its rides — including luctant to give, though negotiations continue. Downtown gal is a private Dante’s Inferno, the water flume, and the Neither Sitt nor city officials would comment dreaded Pirate Ship, but not the city-owned on those talks for this article. landmark Cyclone rollercoaster, of course — In the meantime, the Albert family and its chef to some upscale dogs! on a carny auction Web site, Ital International. supporters spent this week hoping to find a The move was not a surprise, given that late new place for the fun, eyeing three empty lots last year, a real-estate developer bought the on the Boardwalk, sources said. By Dana Rubinstein Milo would like the gourmet eats, Montgomery hosted land under Astroland from the Albert family “I know the spaces, and they’ve been empty The Brooklyn Paper two noted canine gourmands: Agnes, a yellow chow, and announced that the amusement park would for years,” said Stan Fox, a coin-operated Megan Montgomery, arguably New York’s first and Gunnar, a chocolate Lab. be razed after the 2007 season. game distributor who volunteers at the Coney personal chef for dogs, prepares her haute canine Gunnar’s owner, Corey Szopinski, warned that his So the real surprise came a few days later, Island History Project. “Astroland can grow at cuisine in Downtown Brooklyn, with an 11-year-old dog, like the first President Bush, despises broccoli. when Carol Albert abruptly announced that the the other locations. We need more amuse- terrier-and-Dachshund taste-tester named Milo and “Bananas, though, he will eat them until he explodes.” rides were no longer for sale — and that she ments, not less.“ a firm belief that your dog is what he eats. Preliminaries aside, Montgomery cut open a vacu- was desperate to find vacant lots near the fa- Fortunately for Astroland, the city appears “The idea is a Dean and DeLuca for dogs,” said um-sealed bag of Caribbean chicken, while the humans bled Boardwalk to house Astroland for another eager to help the family-run park live on. Montgomery of her company, Zen Chien Personal closely monitored the dogs’ reactions. They weren’t season or two. “We are working with Carol Albert to iden- Chef Service for Dogs. subtle: All three devoured their por- Elected officials rushed to lend their support tify a temporary site … and hope we will be She’s not exaggerating. Her tions and pleaded for more. — moral and otherwise. successful,” said Janel Patterson, a spokes- dishes seem to have come straight “I think he liked it,” said Szopin- “Astroland and the Albert family have / Christopher Cascarano woman for the city Economic Development from a Smith Street menu: ski, of Gunnar. helped define Coney Island’s unique character Corporation. Mediterranean ground lamb, with The next course was macaroni, over the last half-century,” said Borough Presi- Despite all the frenetic activity, all of Al- whole wheat couscous, blueber- also, apparently, a rousing success, dent Markowitz. “And we are working with bert’s rides remain on the Ital Web site, with ries and fresh-grated squash; with the dogs wolfing down the them and the city to find the best way for them prices ranging from $25,000 to $500,000. beefy macaroni with ground sir- meal like, well, like wolves rather to continue to contribute to its bright future.” Paper The Brooklyn “Carol is waiting to see what options pres- loin, sweet peas, sardines, and or- than dogs. Others have a different vision of that bright A young tyke enjoys the carousel at Astroland, one the ent themselves,” said Chuck Reichenthal, dis- ganic tomato sauce; Caribbean Mango P. / Gregory “Gunnar definitely liked it,” Szo- future. Joe Sitt’s Thor Equities bought the As- three-dozen rides for sale at the soon-to-close funland. trict manager of Community Board 13. chicken, with shredded, free-range pinski said. “If I put a bowl of that meat, jasmine brown rice, finely food next to a bowl of dry food, chopped mango and grated zuc- he’d eat the bowl of wet food. And chini. then he’d eat the bowl of dry food.” Mouthwatering? Hang on: it’s Paper The Brooklyn But Szopinski was doubtful Gun- for dogs! But humans love it, too. Megan Montgomery and Milo nar would become a full-time cus- “I do taste the food as I cook it,” tomer. Depending on dog-size, the City puts vendors on Hook said Montgomery, who works out of her Duffield Street service runs between $8 and $18 a day. home. She adds calcium-rich ground bone-meal, “I might do it every once in a while, just to mix omega-6 and -3, vitamin B-12, and multivitamins to things up,” said Szopinski. “But I don’t think I could af- The Brooklyn Paper wants to put the permits up for open make sure ZenChien food is extra healthy for pups. ford to do it every week.” The Parks Department has told a bid, raising the possibility that the ven- “Nothing goes into it that I would not eat myself, Jeff Cretan said Agnes was a fan, too: “She loves much-loved group of Latin American dors will be out after this summer. with the exception of sardines, and that is just because I fresh food. There’s a noticeable pleasure difference.” “We want to standardize the permit- food vendors that they will be booted don’t like them.” Montgomery concocted the idea for ZenChien after ting process, so the [Red Hook] ven- But Milo does.