Sign up for the Brownstoner daily email
« Friday On The Record Monday Links »

February 23, 2007

A Look Back at the Atlantic Yards Groundbreaking

aysnow022407.jpg
Flickr photog AKinloch snapped this photo on Tuesday of the first day of demolition at the Atlantic Yards. We're going to stop by this weekend to check out the site for ourselves. Please send us pics if you do the same. Update: A federal magistrate judge has recommended that the lawsuit against Ratner, Bloomberg, Pataki et al. stay in State Court. See the different spins on the links below.
Magistrate Says ED Case Belongs in State Court [AY Report]
Judge Urges Dismissal of Atlantic Yards Suit [NY Times]
Proof That The AY Demo Did Indeed Begin [Brownstoner]




Trackback Pings

TrackBack URL for this entry:
http://www.brownstoner.com/mte/mt-tb.cgi/613

Comments

By chance, this Wednesday night I found out about a joint gathering of the Fort Greene Association and the Clinton Hill Assn at Bishop Loughin High School to show a film "Brooklyn Matters", an independent film critique of the AY project, followed by a panel discussion of community leaders, including Tish James, D Goldstein etc. Just as I resigned myself to the construction and chaos leading up to living in the shadow of this monstrosity, I find out that there is a federal lawsuit to stop the use of eminent domain in this project. There are a goodly number of people who seem to believe that this project can be stopped and it will happen by court injunction. Are they dreaming? Is this possible?

Posted by: donatella at February 23, 2007 5:15 PM

They are dreaming and will wake up the day the courts final smack them upside the head to reality. ITS A DONE DEAL.

Posted by: Reality at February 23, 2007 5:50 PM

you mean this lawsuit?

Legal Blow To Critics Of Atlantic Yards Project

Last Edited: Friday, 23 Feb 2007, 5:04 PM EST
Created: Friday, 23 Feb 2007, 5:04 PM EST

By TOM HAYS
Associated Press Writer
NEW YORK -- A federal magistrate on Friday recommended tossing out a lawsuit meant to block developer Bruce Ratner's Atlantic Yards project -- dealing a blow to a group of Brooklyn property owners and tenants facing eviction.
While a U.S. district judge still has final say on whether the suit survives, the odds are long: magistrates' recommendations are rarely rejected.

The suit, filed in federal court last year, charges that seizure of the plaintiff's property under eminent domain would be unconstitutional.

U.S. Magistrate Robert M. Levy concluded in court papers filed Friday that "there is a real dispute between the parties." But also found that the federal court should abstain from entering the fray because it's a local matter.

"This action represents important public policy concerns and is essentially local in nature," he wrote. "Because the state's interest in adjudicating this case in its own forum outweighs the federal interest in retaining jurisdiction, I respectfully recommend that this court abstain ... and dismiss plaintiff's complaint."

Calls to attorneys on both sides and to a spokeswoman for Ratner were not immediately returned.

The suit identifies the defendants as Ratner, Gov. George Pataki, Mayor Michael Bloomberg, Deputy Mayor Dan Doctoroff and Empire State Development Corp. Chairman Charles Gargano, among others. It seeks to permanently block the defendants from seizing the property, and asks for unspecified compensatory and punitive damages.

Atlantic Yards is a $4 billion megadevelopment of 16 skyscrapers and an arena planned by Ratner, the principal owner of the New Jersey Nets.

Posted by: anon at February 23, 2007 6:43 PM

you mean this lawsuit?

Legal Blow To Critics Of Atlantic Yards Project

Last Edited: Friday, 23 Feb 2007, 5:04 PM EST
Created: Friday, 23 Feb 2007, 5:04 PM EST

By TOM HAYS
Associated Press Writer
NEW YORK -- A federal magistrate on Friday recommended tossing out a lawsuit meant to block developer Bruce Ratner's Atlantic Yards project -- dealing a blow to a group of Brooklyn property owners and tenants facing eviction.
While a U.S. district judge still has final say on whether the suit survives, the odds are long: magistrates' recommendations are rarely rejected.

The suit, filed in federal court last year, charges that seizure of the plaintiff's property under eminent domain would be unconstitutional.

U.S. Magistrate Robert M. Levy concluded in court papers filed Friday that "there is a real dispute between the parties." But also found that the federal court should abstain from entering the fray because it's a local matter.

"This action represents important public policy concerns and is essentially local in nature," he wrote. "Because the state's interest in adjudicating this case in its own forum outweighs the federal interest in retaining jurisdiction, I respectfully recommend that this court abstain ... and dismiss plaintiff's complaint."

Calls to attorneys on both sides and to a spokeswoman for Ratner were not immediately returned.

The suit identifies the defendants as Ratner, Gov. George Pataki, Mayor Michael Bloomberg, Deputy Mayor Dan Doctoroff and Empire State Development Corp. Chairman Charles Gargano, among others. It seeks to permanently block the defendants from seizing the property, and asks for unspecified compensatory and punitive damages.

Atlantic Yards is a $4 billion megadevelopment of 16 skyscrapers and an arena planned by Ratner, the principal owner of the New Jersey Nets.

Posted by: anon at February 23, 2007 6:43 PM

Note, this is just the federal law suit, which was filed before the State -I guess they thought they could skip the lower courts. Note the magistrate - who is not the judge, says that "there is a real dispute between the parties." So this is not the end of the story.

Posted by: Anonymous at February 23, 2007 8:39 PM

State courts are not lower than federal courts. They're totally different sets of courts.

Posted by: Anonymous at February 25, 2007 1:01 AM

Yes, it is the end of the story. Recommendations from magistrates are always accepted and a condemnation proceeding, once begun in NYS, is highly unlikely to be stopped. Technically, this is still alive, but in reality, it's over.

Posted by: Anonymous at February 25, 2007 8:56 AM

This project is not a good deal for Brooklyn, and the worst part is the devious way in which Ratner is using our politicians for his personal gain. Ratner is ripping off the people of Brooklyn and Bloomberg, Pataki et al. are helping him. Sorry folks but this is a DUMB DEAL!

Posted by: TT Rider at February 25, 2007 11:09 AM

SuperAnon -- you are very poorly informed. This is a boondoggle -- massive public subsidies with little public benefit. What are we going to get for all the PUBLIC money that is going to be poured into Atlantic Yards? No park, a lot of traffic, a handful of apartments for low income tenants relative to the thousands of market rate apartments (the latter of which could have been built without public subsidies), an "interim" open air parking lot for a thousand vehicles and a construction time frame that's likely to extend to two decades. These buildings are going to tower over and overwhelm the existing neighborhoods on all sides and they will do nothing to knit together Prospect Heights and Fort Greene in the way that a better designed project could. 22 acres of real estate is being developed and yet the community has had absolutely nothing to say about it. There's is an existing land use process that was circumvented in order to push this thing through without consulting any of us who live in this borough -- except those community groups that Ratner either created out of whole cloth or bribed.

People like you act as if the choice is between no development or AY style development. In fact, there are other models. Those of us who are anti-AY, and for whom this is a sad day indeed, are not against development. We'd just like our development to be smarter and more democratic.

Posted by: Anonymous at February 25, 2007 1:28 PM

as long as CCGH and Puca are against it - I am for it

Posted by: Anonymous at February 25, 2007 1:31 PM

Public money is being siphoned to Ratner's development and no one has yet to explain why. The constuction, traffic and pollution will have a significant detrimental effect to the entire area.

No one ever said that area wouldn't benefit from development. But the Ratner plan is the result of some disgusting political chicanery. Just like tax cuts for millionaires, there's SOME economic benefit, but at a price that is vastly greater than the benefit. Hence Ratner's need to control the debate through a multiude of PR companies and fake neighborhood associations.

Downtown Brooklyn businesses may benefit slightly in the long run - but the borough will suffer and Ratner will profit. With a lot of help from our tax dollars.

Posted by: John at February 25, 2007 1:40 PM

Anonymous,

Sadly it is you who are misinformed.

"little public benefit" = thousands of low and middle income apartments, thousands of jobs and an area means a lot for Brooklyn.


"No park" - you mean the 8 acres of public park space?

"a handful of apartments for low income tenants" = you mean the 2,250 rental units and hundreds of ownership units is a just a "handful"? How many have you built?

"22 acres of real estate is being developed" = 22 acres includes an open pit of a rail yards and bunch of run down auto body shops and warehouses. ..the place has been a hole for decades.

"the community has had absolutely nothing to say about it" = there has been over 3 years of debate about this stupid thing. the "community", who i suppose you mean opponents and not the thousands of supporters, has voiced their opinions in spades. it's not that you don't have a voice, it's that you are wrong and a majority of Brooklynites flatly disagree with you.

"those community groups that Ratner either created out of whole cloth or bribed" - this is where the opponents really come up short. Rather than admit that there are very decent people trying to ensure really positive aspects of Atlantic Yards, you all attack them. I know some of them and they work damn hard to provide real services for this community. Your attacks are pathetic. Your king and leader Mr. Goldstein hires his girlfriend and you don't say a peep. hypocritical maybe?

so go ahead, call me paid off , call me on ratner's pay role, call me whatever you want. the truth is there are thousands, if not millions, of people who can not wait for this project for very good reasons, and unlike most of the opponents they are not self serving reasons. in my humble opinion it's time to drop some of the vitriol if this debate and make sure this thing brings as much good as it can.

Posted by: move on at February 25, 2007 4:01 PM

move on,

Hear hear! I'm a lukewarm supporter of the project, but the one thing that really galls me about the opposition is the constant denigration of the project supporters. It's always "They're bought off!" "They don't represent the community!" And the Brooklyn Paper is even worse, practically salivating over the potential racial divisions. The "Race War!" headline they used a while back was practically libelous.

The truth is, this project has been under a ton of scrutiny, and subject to epic public debate. It is absolutely not fair to say that the opposition has been locked out on this. They may not have been successful in blocking the project (at least not yet), but they have had their voice heard.

Posted by: ex-Redhooky at February 25, 2007 4:55 PM

The "Public Park Space" claim:

Are you aware that AY will be twice as dense as the densest housing tract in the entire United States? Are you aware that the area in front of the ticket booth of the arena is being counted as part of the supposed "open space"? Are you aware that the "open space" is below grade and enclosed by high rises, meaning that it will be more like a courtyard and nothing like a park?

"Affordable" apartments -- only 900 of those apartments are going to be for people who earn less than the median income in Brooklyn. Many of the so-called affordable apartments will be at rents comparable to existing rents in adjacent neighborhoods. None of the apartments will be for people with very low income. Tthe vast majority of the so-called affordable apartments are not even slated to be built until "Phase 2", which might not happen for 10-15 years. And, most importantly, there is no transparency as to the subsidies being given to the developer for these "affordable" apartments. Do we really need to be subsidizing apartments for households earning 115K a year??? Yes -- the top of the "affordable" income bands goes up to 115K. I don't object to creating affordable housing. I object to obfuscation about what's affordable and obfuscation about subsidies. How do we know we are getting a good return on the investment of public dollars vis a vis affordable housing? Could we achieve more affordable housing using competitive bidding? (The AY site is being transferred to Ratner with no competitive bidding at all.)

"Thousands of jobs" --
What jobs? Construction jobs? We would have those with any development project in the area, doesn't have to be Ratner's. Jobs at the arena? Sorry, I don't consider selling hot dogs to be a quality jobs. And the arena doesnt need to be built at the busiest intersection in all of Brooklyn in order to generate those jobs. Office jobs? But there's scarely any office space in the project plan any more. Sheldon Silver saw to that.

Community support -- EVERY SINGLE elected representative from the project area and surrounding neighborhoods have asked that many aspects of the project be reassessed. EVERY SINGLE community board in and adjacent to the projectc asked that the environmental impact statement not be approved. So what is this community support you are talking about? It is a FACT that FCRC created BUILD, and it is a FACT that FCRC has been greasing palms around Brooklyn.

"This project has been under a ton of scrutiny and has been subjected to public debate" --

The politics and the financing of this project have been GROSSLY underreported on and misrepresented by the local newspapers. Please check atlanticyardreports.com for extensive documentation of this. How can we have a meaningful public debate when the media is not doing its job of scrutinizing the claims of elected officials? If you're an opponent of the Iraq War (Anon at 4:44), perhaps you'll notice a certain resemblance to how we got bamboozled into that (compliant media) and how AY got pushed through. (And by the way, it's the dirty f*ing hippies who are in the forefront of the opposition to the Iraq War.)

Yes, there's been debate. But the people who are making this project happen -- a handful of men who are happily scratching each other's backs -- have never cared what the community has had to say about the project, and have simply gone ahead anyway, not changing a thing. Please -- don't point to the 8% "reduction" in the size of the project. If you were truly informed, you would know that this reduction simply brings the project back down to the size originally proposed, and was not a concession to community concerns but rather a strategic ploy.

In move's opinion, we should drop the "vitriol" and "make sure this thing brings as much good as it can". That's great, except what leverage does anyone have to "make sure" of anything? Where, exactly, is the leverage for the public? That's precisely the problem. Where are the public officials who are doing the hard-headed negotiations with the developer on behalf of the public good?

Anonymous at 4:44 -- I don't believe the Empire State Building received public subsidies! And I don't believe eminent domain was used to get it built! Please direct me to documentation to the contrary if I'm wrong...

Posted by: Well Informed at February 25, 2007 6:37 PM

well informed,

Nice name, but perhaps more ironic than you meant it to be….a whole host of your "facts" are simply wrong, and please do not link to Oder as if he is an unbiased expert. he is neither. he is strictly opposed to the project. he is biased. he constantly misquotes people and uses half the facts to make up stories. This is the same guy who used to help people write personal ads a year ago but now is supposed to be the last great hope in journalism. Please give it a rest.

open space - 8 acres is 8 more acres than exist today. by your definition 'Are you aware that the "open space" is below grade and enclosed by high rises, meaning that it will be more like a courtyard and nothing like a park?', central park is a "courtyard” too. Guess what, you live in the biggest city in the world. If you don't like density I’m not sure why you live in New York. This is the world's largest City for god sakes not a village upstate. get a grip on where you live.

affordable - you are damn right the middle class needs subsidies. a teacher and a firefighter with 2 kids who combine make about $100k would qualify for this housing. you bet i think they deserve it. These are not subsidies that go to rich punks who make 100k, these go to families who are busting their butts to survive and stay in the city they love (and by some city regs are forced to live). You said, "The vast majority of the so-called affordable apartments are not even slated to be built until "Phase 2", which might not happen for 10-15 years"...so, what is your point? do you want density immediately or do you hate density? if this was 15,000 of the poorest NYers that got plopped down tomorrow you'd be fine with that? somehow my dear friend, I'm guessing you would not like that either and you are simply using rhetoric to play both sides of the argument.

Yes, thousands of high paying union construction jobs. what is wrong with that? How many projects are being slapped together right now in Brooklyn not using Union labor, but using the cheapest labor they can find? This city’s foundation was made up of men and women who are part of unions. It is part of our history and unfortunately less and less a part of our present and future. and yes, there will be other jobs. I don’t know exactly, but just think about it, sure some will be selling hot dogs, others will be managing buildings, plumbers, electricians, fixing elevators, mowing the lawns, office jobs, not to mention I'm pretty sure that having thousands of more people in the area may help some of the local businesses, but I guess under your rational those are not high end enough for you to count. If this was a new Wall street you'd scream about that too…

The media hasn’t covered this? What planet are you on? You have an entire newspaper dedicated to trying to stop the project (the Brooklyn Papers, who really has lost any credibility it ever had with it\s complete lack of journalistic integrity), you have had articles written like every other day in the daily papers. What are you talking about? Is there anyone who is not aware of this debate? Is your point that there hasn’t been coverage or that they do not scream at readers like the Papers? It is the former, you’re not being honest and if it is the latter then I guess you have a point, but boy that would be one horrible outcome for everyone.

"EVERY SINGLE elected representative from the project area and surrounding neighborhoods have asked that many aspects of the project be reassessed." I would disagree with “all”, but I get your point and I think that is good. People have voiced their concerns. Questions have been asked. Accretions have been made and rebuked and made again, from all of it changes have been made from what I have read. I don’t know about heights, and what not but sure seems like there have been a lot concessions on both sides. By the way, you just proved the point that there has been a lot of dialogue over the past 3 years. But again, at the end of the day these same politicians believe the benefits outweigh the concerns. Not to mention there are even more outside of the area that do not want any changes, which again proved what a NIMBY issue this is. Hell, even your fearless reporter and leaders (oder and goldstein) said this whole thing would be fine in Coney Island...in other words, it's great, just not in my backyard.

Sorry to rant, but I for one and just SO sick of this nonsense.

Posted by: move on at February 25, 2007 7:55 PM

"some will be mowing the lawn" :-(

What's really sad to me more than the eminent domain issues are the supporters of the Slaverena shucking and jiving about the jobs they're getting and not careers. Then it's announced that stadium will be named after Barclay. And Barclay will use his his stolen money to repair basket ball courts thru out Brooklyn instead of repairing schools or opening up career centers.

How naive we are.

Posted by: Anonymous at February 25, 2007 8:22 PM


Shucking and jiving, slavarena, clever but desperate rhetoric will do little to advance your cause. Stooping to race baiting, "you're better than that!"

Posted by: Mark Jackson at February 25, 2007 11:45 PM

To those sliming me:

One anonymous poster wrote that "Oder constantly misquotes people and uses half the facts to make up stories."

I infrequently make errors. Unlike others who make errors, such as Errol Louis of the NY Daily News/Our Time Press, I endeavor to correct them.

Another anonymous poster wrote that I "fail to acknowledge the fact that a federal magistrate recommended on Friday that DDDB's federal lawsuit SHOULD BE DISMISSED!!!"

Obviously, that person didn't read the first sentence of my article, which stated, "In a setback for plaintiffs in the Atlantic Yards eminent domain case, U.S. Magistrate Judge Robert M. Levy yesterday recommended that the federal case be dismissed without prejudice..."

http://atlanticyardsreport.blogspot.com/2007/02/magistrate-says-eminent-domain-case.html

Posted by: Norman Oder at February 26, 2007 9:59 AM

Funny that "Feb 23, 8:03AM" takes him/herself seriously. As of this morning, NoLandGrab.org has mentioned the dismissal at least eleven times.

As for trying to take down Norman Oder of Atlantic Yards Report, at least he's asking tough questions.

Yeah, maybe we should all just shut up and let Bruce Ratner use eminent domain and taxpayer dollars to expand his real estate monopoly and create the densest residential community in the nation. That's what government is for, after all.

Sorry for wasting your time on the conspiracy to inform the public.

Posted by: NoLandGrab at February 26, 2007 10:39 AM

"8 acres is 8 more acres than exist today"

You could just as well say that 4 acres would be 4 more acres than exist today. Your argument does not address the fact that by building a housing tract twice as dense as the densest housing tract in the United States, AY will actually REDUCE the open space per person ratio of the surrounding neighborhood below what it is today.

Government property is involved here. Government power is involved here (eminent domain). So why isn't the government following it's own policy vis a vis open space ratios?

"central park is a "courtyard” too"

I'm guessing you're not actually so stupid as to think this is a good argument in favor of the type of open space (and in your earlier post you called it a "public park" -- why the change?) that AY will bring.

"Guess what, you live in the biggest city in the world. If you don't like density I’m not sure why you live in New York."

I never said anything about not liking density. But what's the limit? Or is there no limit in your opinion? Wouldn't TWICE AS DENSE as any existing development count, in most people's book as beyond some kind of limit? Look, I'd be delighted to see 12 story buildings lining 4th Avenue all the way to Sunset Park. I'd be delighted to see 16 story buildings lining Atlantic Avenue all the way to East New York. What I'm not happy about is a 40 story building at the corner of Dean and Carlton.

affordable - you are damn right the middle class needs subsidies. a teacher and a firefighter with 2 kids who combine make about $100k would qualify for this housing. you bet i think they deserve it.

I disagree. I think that a couple with a combined income of $100K can rent an apartment or save to buy.

" You said, "The vast majority of the so-called affordable apartments are not even slated to be built until "Phase 2", which might not happen for 10-15 years"...so, what is your point? do you want density immediately or do you hate density?

I don't want a housing tract that is twice as dense as any other housing tract in the United States. And I want a REAL park as part of the development of 22 acres. AND, if there is going to be affordable housing, I want it built AT THE SAME TIME as the luxury housing, not 20 years later.

"Yes, thousands of high paying union construction jobs. what is wrong with that? How many projects are being slapped together right now in Brooklyn not using Union labor, but using the cheapest labor they can find?"

I support unions. I truly don't see how that's in conflict with opposing AY. I support mid-rise construction in the AY footprint and I would be happy if it were done with union labor.

"I don’t know exactly, but just think about it, sure some will be selling hot dogs, others will be managing buildings, plumbers, electricians, fixing elevators, mowing the lawns, office jobs, not to mention I'm pretty sure that having thousands of more people in the area may help some of the local businesses."

Like I said, just because an arena will generate a certain number of jobs doesn't mean that the intersection of Flatbush and Atlantic is the best place for it -- ie, that the best place for it is the busiest intersection in Brooklyn.

Even if the consensus is that Flatbush and Fifth Avenue is a great place for an arena, where the planning around traffic and parking? Many analyst of the environmental impact statement pointed out possible ways to ameliorate traffic that should be part of the plan.

As for whether having thousands of more people in the area will be good for business -- wouldn't those thousands of more people spread out along 4th Ave and spread out along Atlantic and as part of additional development throughout Brooklyn also be good for business? Isn't this a bit of a zero sum game? Or do you believe that Atlantic Yards will induce people to move to NYC who would not have otherwise?

Finally -- "mowing the lawns"???

"You have an entire newspaper dedicated to trying to stop the project (the Brooklyn Papers, who really has lost any credibility it ever had with it\s complete lack of journalistic integrity), you have had articles written like every other day in the daily papers."

There is a small local FREE paper that covers AY. There ARE NOT "articles every other day in the daily papers." The New York Times has had very flawed coverage.

"People have voiced their concerns. Questions have been asked. Accretions have been made and rebuked and made again, from all of it changes have been made from what I have read. I don’t know about heights, and what not but sure seems like there have been a lot concessions on both sides."

Thanks for admitting that you don't know about heights. Now perhaps you might admit that you actually don't know anything about "a lot of concessions on both sides", because the fact is that there haven't been any concessions by FCRC. They are building exactly the project they proposed in 2003. And, since you are apparently a supporter of AY, it might behoove you to "know something about heights."

"at the end of the day these same politicians believe the benefits outweigh the concerns. Not to mention there are even more outside of the area that do not want any changes, which again proved what a NIMBY issue this is. Hell, even your fearless reporter and leaders (oder and goldstein) said this whole thing would be fine in Coney Island...in other words, it's great, just not in my backyard."

I don't know which politicians you are referring to. Bloomberg and Pataki wanted this thing. Marty Markowitz (who is basically a clown) was happy to be a booster. What other politicans believe that the benefits outweight the concerns? And why does any politician have the right to completely by-pass existing City land use regulations, which mandate a very different sort of process than AY went through?

As for the NIMBY issue and Coney Island -- here you can only be referring to the arena. There are reasons to put an arena at the AY location and there are reasons to put it in Coney Island. Was there ever a public debate about the pros and cons of each? And where is the plan to make the AY site workable in terms of transit and traffic? If we are going to have a "transit-oriented" arena, then where are the transit-oriented plans? Lots of things have been proposed (you can read about them on the Brooklyn Speaks website). But again, because the City land use process was by-passed for this project, there is no leverage on the developer or on the City to adopt these proposals.


Posted by: Anonymous at February 26, 2007 11:19 AM

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

Posted by: Anonymous at February 27, 2007 7:58 PM

Post a comment

Please be patient while your comment is published. It may take a moment.

Latest Restaurant Additions