Appeal Over Atlantic Yards Suit is Filed

Develop Don’t Destroy Brooklyn and 25 co-plaintiffs are appealing a judge’s dismissal of a lawsuit over Atlantic Yards’ environmental impact statement. A state judge tossed the suit—which argued that the state’s review of the project didn’t fully account for its possible effects on traffic, security and open space—in January. The appeal ultimately aims to make the state conduct a new environmental impact review study for the development. Atlantic Yards Report says oral arguments will be held in September.
Atlantic Yards Opponents File Appeal [NY Sun]
Appeal Filed in Case Challenging AY Environmental Review [AY Report]
Atlantic Yards Litigation Tradition Continues: New Appeal Filed [Curbed]
Photo by Tracy Collins

37 Comment

  • I JUST DON’T CARE ANYMORE!!!!!!!!!!!!

  • DDDB once againt proves to us how they 1) have no concern for the greater good of New York City in terms of increasing housing supply; 2) are willing to resort to pharisaic legal maneuvering that perverts the concept of justice and 3) really have no concern for the environment as high density development is the solution to virtually every environmental problem that faces the city, nation, and planet.

    In short, DDDB has demonstrated they lack any and all credibility or ethical integrity. They have one goal: to preserve their insular community at all costs. Hypocrisy means nothing to them as this latest lawsuit makes clear.

  • “Appellants-Petitioners-Plaintiffs (hereinafter “Appellants”) respectfully submit this brief in support of their appeal the January 11, 2008 Decision and Order by Justice Madden in the Court below . . .”

    not a good sign when an important appeal brief has a word missing in the very first sentence.

  • Polemicist once againt proves to us how he 1) has no clue; 2) is willing to resort to fancy word usage to cloak his cluelessness.

  • Sorry 10:13…I’m with Polemicist on this one. There’s no indication that you have either a clue or an arguement.

  • Go DDDB. I do continue to care. Stall this baby as long as possible and maybe it will just go away for good, and a better project can take its place. There a many ways to increase the housing supply in Brooklyn. An arena and office space with all that traffic and crap in the middle of residential neighborhoods is not required to increase housing. This project was never really about more housing in the first place. (notice how affordable housing was the first casualty?)

    FG resident (and, No, Bertha, I do not own a brownstone)

  • Polemicist once again is right on point. Except that I would go one step further in that, DDDB have no concern for the community at all. Goldstein and his wife live in the West Village now, and this entire fiasco is an exercise in grand stading…at the expense of the future of Brooklyn.

  • I’m with 10:21 on this one. Sorry Dave, respectfully disagree.

    And attacking DDDB with claims of its hypocrisy and “not caring about the community AT ALL” is childish and not well thought out. It’s the adult equivalent of shouting “I know you are but what am I???” with fingers stuck in ears.

    It seems to me that all the passionate fighters, on both sides, care deeply. They just disagree equally deeply.

  • 10:21

    You don’t know what you are talking about.

    1) The Atlantic Yards area has never been exclusively a residential neighborhood.

    2) The project is one of the largest housing developments in the history of New York City. It is and always has been about housing.

    3) Affordable housing is still very much a part of the project.

  • I care very deeply about the $2 billion Ratner’s bilking us for. Those in support of this . . . debacle are free to use their own money to try and finance the arena, but seem not to want to.

    This project is doomed. Even if the attempt to get an accurate environmental impact study done fails, the subsidies won’t come through. $500 mil of our money just to build Ratner an arena? Any pols out there want to sign the tax increase to come up with that figure, let alone the increases that will be needed to come up with the full $2 billion?

    Aint happening.

  • Thank you, Johnny. Precisely.

  • Guest 10:21, Johnny, and all the other Anti-AY folks out there who say that theres “no way” the arena is going to happen…I ask this question (not out of partisanship, but just out of curiosity). Why would’nt Ratner just securitize the proceeds of the $400 naming rights deal with Barclays (it IS in fact possible to securitize naming rights…I’m a lawyer and securitizations are what I do for a living) and use that as leverage to obtain financing for the arena in full? I find it hard to believe that Ratner would (i) take the team to Newark…New York (even Brooklyn) is such a HUGE market, he would literally be leaving hundreds of millions of dollars on the table, or (ii) walk away from the largest naming rights deal in the history of professional sports (as least until the NY Giants / NY Jets do their deal on the new Giant Stadium). It makes no sense!

  • Well another day on the blog shot to hell by the faded type spammer.

    I have no opinion abut DDDB’s integrity, but it’s a rip-off of the public so anything that screws this dying porject is cool.

    As for Polemicist’s tired mantras about high density development, he can f*** of to Starrett City, there a thread about that today, though the spammer got that one too.

  • 10:58 – that’s a good question. I believe the answer is that because Ratner’s dead broke, he needs the naming rights for the other costs –

    The NYC taxpayer picks up the first $500 mil for the $1 billion stadium, and the naming rights pay a lot of the remaining construction and operating cost. Stadium essentially costs Ratner nothing (give or take).

    The big winner here is Ratner – as owner of the Nets. Once we’ve donated the stadium to FCR, the Nets are worth, quite literally, several hundred million dollars more than they’re worth today – until they’re sold and relocated of course.

    See GW Bush and the Texas Rangers.

    Now why the city entered into a $4 billion project with a developer with no money is also a good question.

  • Polemicist is correct. DDDB is a simply interested in protecting their own vision of this small piece of Brooklyn, to the exclusion of the unemployed and those seeking housing in this very crowded city. It’s shameful.

    “Stall this baby as long as possible and maybe it will just go away for good, and a better project can take its place.”

    Typical of DDDB’s “plan,” i.e., NO plan.

  • Id love to hear NJ’s POV on snatching up thier team.

  • Johnny, I hear you, but I think your (most recent post) underscores the reason why Ratner will probably just wait it out (the “it” being the current economic downturn and the uncertain political climate) if he has to. Once he gets the Nets to Brooklyn, their market value goes through the roof. The Nets will easily be worth north of a billion dollars factoring the value of the arena alone…and if they sign Lebron James in 2010, forgetaboutit! So even if he continues to loose $17 mill a year (like they did in 2007) for the next 3-5 years, it’s still worth it for him to wait until he has all of the stars in alignment and can move forward.

  • 10:58 – you may have done securitization but you wont be using that skill for a long time…securitization is finished for a long while – sorry but banks are sheep and the herd has moved on…..

  • “Affordable housing is still very much a part of the project.”

    Right. And everybody gets a puppy too.

    How naive are you, Mr. Polewhateverwhozit?

  • 1:35…you’re really cute…but obviously not in the business. The big investment banks are in fact CLOSED (as far as the securitization business), but deals are still getting done (or so says this pile of paper on my desk). Commerical Banks with balance sheets are still doing deals, as are other “alternative” lenders (i.e Hedge Funds). Don’t believe the hype, things are bad, but they are not at a complete halt.

  • there should have been an environmental study done on the impact from the volumes of paper wasted on these baseless legal suits as well as an economic impact study done on the monetary drain stemming from this meritless exploitation of the federal and state court systems and elevated development costs caused by resulting delays.

  • 1:27. You’ve got a good point. I’d argue (and have!) that Ratner’s pockets aren’t that deep. Hence Newark offering a lot less in terms of corporate welfare is probably the only solution available at this point.

    BrooklynLove, the costs of lawsuits pale in comparison to the $2 billion we’re allegedly spending in the next 7 years to generate $1 billion in tax revenue over the next 30. The $1 billion being Ratner’s number, not an actual number.

    And the affordable housing part – what affordable housing? That died (was moved to the mythical fourth stage) months ago. Although I’m very excited about the puppy I’m getting . . .

  • 2:02

    Naive, please You really have no idea what you are talking about.

    The NYCHDC has already allocated financing for the project under the 50/30/20 program.

    Do you even know what that is? Obviously not, as the puppy comment makes clear.

  • Commerical Banks with balance sheets are still doing deals, as are other “alternative” lenders (i.e Hedge Funds).

    – some are doing deals (although the spreads are ridiculous) but lending \= securitization.

    securitization is dead for this cycle – much less securitization of naming rights by a Commercial Bank …time to clean off your desk.

  • Jeez, yet another lawsuit that will be tossed in no time. But once this appeal, as well as the NYS eminent domain case, is rejected, seizure of the properties can occur and construction will begin.

    I, too, believe that Danny Goldstein and his pregnant wife (on the payroll of DDDB) no longer reside in that condo. There’s no way that they’d put their unborn child in harm’s way by staying in an empty 10 story building, especially after old Danny got stuck in the elevator a few years back (it was featured in a magazine article about AY).

    Yawn. D-O-N-E-D-E-A-L!!!

  • Yet another lawsuit that will amount to zilch.

    I, too, believe that Dan Goldstein and his pregnant wife no longer reside in that condo. No way a pregnant woman is going to risk the health of her unborn child by living in a deserted 10 story building with a faulty elevator (a magazine article several years back about AY noted that Goldstein once got stuck in the building’s elevator for several hours).

  • Stay tuned, Polemicist. When that affordable housing gets built (as if), I’ll buy you a puppy. Any flavor you like.

  • “v2) The project is one of the largest housing developments in the history of New York City. It is and always has been about housing.”

    Mr. Polewhatzit- ocmpletely wrong. It started out as only the arena and then arena plus office space then arena plus office space plus luxury housing AND THEN arena plus office space plus luxury housing plus affordable housing. Each piece added after the Arena as Ratner had to make his case.

  • ratner can get the private funding that he needs. see beekman tower. forget the esoteric securitizations for the time being – no ratings mean no deal.

    1:35 – banks own our economy, you included – never forget it.

  • Johnny – how about breaking down that 2 bill for us

  • So 12:51 and Polemicist, what’s the harm in not wanting to have large residential and office buildings in an area that generally doesn’t have them? Shouldn’t there be a variety of types of neighborhoods in NYC? What you call selfish and NIMBY is for other people no more than a choice of what kind of neighborhood they wish to live in.

    My guess is that you and people who take your view live in places with much higher population density. That is a reasonable choice with its own benefits. To say that all neighborhoods should be like yours is to deny other people the opportunity to make a choice that is different from yours.

    Regarding securitization, I am a lawyer who has done work in this area and believe your suggestion for Ratner to securitize his naming rights is absurd. Theoretically, its a great idea, much like creating highly-rated financial products from subprime mortgages. In reality, it doesn’t work very well.

  • davi goldstein idiot

  • johnny – you’re kidding me, right? that’s your response?

  • It is funny when you see little kids climb over Ratner’s unprotected areas where there are extremely dangerous machinery and no security. It is a great playground or is it death ground. No joke, little fucking kids playing in this death trap. Yeah that is a great neighborhood fixer up er. Just a matter of time till there is an extremely careless an innocent accident. Then all you blow hards who think DDDB is selfish, will with any luck, shut the fruckin hell up.

  • Posted by: guest at July 9, 2008 6:43 PM

    hey fuck wad.

    Prove this thing about a pay roll? It is called a non profit that LEGALLY raised money to pay one g damn employee you fucktard.
    As for them not live there, do you even know where there is?

    You people are so fucking retarded and this bored is so tired, you say the same insane, lies and bullshit every three weeks about people and things you know fuck all nothing about. BORING. Fucking boring!

    It is so damn funny when you talk about a pay roll. Yea the “wife” is on a pay roll from a fucking non profit that has one paid employee. You want to liken that to the blow hards being paid off by Ratner, a very for profit developer who makes malls and pays high high high paying pr firms to do their pr. You know fuck all nothing about anything. It is funny. Funny.

  • Polemicist once again is right on point. Except that I would go one step further in that, DDDB have no concern for the community at all. Goldstein and his wife live in the West Village now, and this entire fiasco is an exercise in grand stading…at the expense of the future of Brooklyn.

    Posted by: guest at July 9, 2008 10:31 AM

    You fuck wad fairy tale lie ers have a lot of nerve. If you want to write on blog and fabricate complete lies, why don’t you put your shit head name? Your information is so grossly, disgustingly made up bullshit. What community do you live in? You can see these people all the time in the neighborhood. Your fucking lies are just that fucking lies. You could not even locate this neighborhood on a map, and then you making up bull shit about people and where they live? Do everyone a favor, if you want to post on here, don’t make shit up, have a goddamn real conversation that does not evoke the wrath of others to want to curse the fuck out of you. I heard that poster at 7:01 pm lives on the Upper East Side, is actually the alias of Polemicist and aside from being a racist, has spent a little time in jail. So why would anyone believe the stupid lies you put up on this blog?
    We are all sick of your lies, and if nothing else one hopes that Ratner pays you to make all the shit up that you do.

    Are there people against this project who are selfish? Of course, just like you are a lying turd, so to are some opponents. However, Goldstein and his wife are not. If they are selfish then bring on the selfish people.

    But people, and that term