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May 1, 2008
New Lawsuit Filed Against ESDC Over AY Timeline
The Times reports that a lawsuit was filed in State Supreme Court on Wednesday alleging that the Empire State Development Corporation's agreement with Forest City Ratner that gives the developer 12 years to complete Phase 1 of Atlantic Yards violates eminent domain laws. The suit was brought on behalf of 13 tenants in the Atlantic Yards footprint who stand to be evicted via eminent domain and it makes the case that the 12-year time frame violates state eminent domain laws requiring that seized property be offered back to its former owner if it's not markedly improved within a decade. Phase 1 of Atlantic Yards is supposed to result in the construction of the Nets arena, office space, and some housing, while Phase 2 is slated to include most of its 6,000+ apartments, including the bulk of the 2,250 affordable units FCR has promised. “When you spend hundreds of millions of dollars in public money on something you know the developer is never in a position to deliver,” said the tenants' lawyer, “and government bodies take votes and appropriate hundreds of millions of dollars of taxpayer money, which is in short supply, based on the promise of affordable housing and jobs, and it’s not going to be built in the statutory 10 years, it’s really a fraud on the public.” The ESDC declined to comment on the lawsuit. Atlantic Yards Report points out, however, that when the ESDC approved the mega-project, it was supposed to take 10 years to build.
Delays in $4 Billion Development Challenged in Tenants’ Lawsuit [NY Times]
ESDC’s Long Leash on Phase 1 Provokes Lawsuit From Tenants [AY Report]
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Comments
D-O-N-E-D-E-A-L
Posted by: guest at May 1, 2008 9:19 AM
awesome. But what are the chances they'll win? None of the efforts have paid off yet, and it seems that a lot of people have their hands in this particular jar of cookies. Sounds very conspiratorial I know but it just doesn't make sense otherwise.
Posted by: guest at May 1, 2008 9:23 AM
I remember back in 2004 when they said that the arena would be done by fall of 2006, and I'm so glad it was completed on time. I've been attending each of those games, and they have been great! For a year and a half, I have been enjoying the athletic experience presented at the wonderful new building which was completed according to schedule! The splendor of the architecture combined with the economic benefit have boosted my sense of Brooklyn pride! I'm so glad this is a D-O-N-E-D-E-A-L and amazed that this was done with no public subsidies!
Posted by: guest at May 1, 2008 9:28 AM
Please, please, please end this monstrosity called AY-don't forget the rally on Sat.
Posted by: guest at May 1, 2008 9:29 AM
The law says the property has to be "improved within a decade" and the contract gives them 12 years to complete the project. The judge will either rule that the decision is not ripe for a decision because the developer still has a number of years left to improve the property before his 10 years are up, or he'll rule that the developer does not need to complete the project within the 10 year time frame, only improve it, and that therefore the contract does not violate the law. I wish them the best, but based on what's written above, they'll lose.
Posted by: Brooklynnative at May 1, 2008 9:40 AM
Au contraire, 9:23, they have paid off in spades.
Posted by: guest at May 1, 2008 9:41 AM
woohoo open pit forever.
Posted by: guest at May 1, 2008 9:54 AM
Too much energy is spent on AY-if you do not like the area in brooklyn then move-Thats life stop wining-there is going to be change in life and the enviroment-go to Austin if you want to live green or live in new york if you want your blood pressure to go up and down. stop the crying all
Posted by: guest at May 1, 2008 9:55 AM
9:55 Your thinking is too black and white. It IS possible to build green and with consideration for the community. In fact, look at some of the great projects on the West coast.
Posted by: guest at May 1, 2008 10:05 AM
Hey Fucktards this is a D-O-N-E-D-E-A-L.
NJ group explores bringing Nets to Newark
The owner of the Devils hockey team and Newark Mayor Cory Booker are seeking to assemble a group of investors to buy the Nets and move the basketball team to Newark, according to people familiar with the effort
They will pay Ratner the money to abandon Brooklyn!
Thru the grapevine. Ratner has plans in place to bring the NETS to NEWARK NJ! All this legal shit is giving him his Exit Strategy! I bet sometime at the end of this year he will say "we tried to bring a sports franchise to Brooklyn but, thing didn't work out".
http://www.prucenter.com/ <-- Future home of the NJ NETS!
BTW This place is losing money also. The Tax revenues are flat.
Hey Brownstone Brooklyn, your are fucked. LMMFAO!
The What (Let's Go NETS)
Someday this war is gonna end...
Posted by: guest at May 1, 2008 10:10 AM
9:40 That's 12 years for Phase 1. Most of the eminent domain is in Phase 2, which doesn't even have a construction deadline. What does the law say about that?
Posted by: guest at May 1, 2008 10:10 AM
It was better to leave it as the shithole it was. Ratners development may not mett you vision, but ANYTHING is better than the dump that was/is there. Quit the whining no one else was going to do anything.
Posted by: guest at May 1, 2008 10:13 AM
"Atlantic Yards Report points out, however, that when the ESDC approved the mega-project, it was supposed to take 10 years to build."
How do project delays due to lawsuits from opposition groups fit into the time frame? That's at least part of the reason the development will take much longer than planned.
Posted by: guest at May 1, 2008 10:17 AM
NJ take the Nets! To end up with only the stadium would have been the worst. Now I hope someone will just do reasonable house-and redo the ugliest mall in America while they are at it.
Posted by: guest at May 1, 2008 10:20 AM
Yo Assfucks! This wili happen to many owners of "Brownstone Brooklyn" when the NETS announce they are moving to Newark NJ.
http://www.youtube.com/watch?v=oep4mRpmrkQ&feature=related
Boom! Ya'll are fucked!
The What
Someday this war is gonna end..
Posted by: guest at May 1, 2008 10:20 AM
The What, you can have the Nets and Newark (and Lodi). Buh bye.
Posted by: Biff Champion at May 1, 2008 10:22 AM
Umm, The What, seems to me Brooklyn's been doing just fine for quite some time without a professional basketball team. I think life will go on just fine whether or not the Nets are here or not. Maybe they should relocate to Lodi - you need much more help than we do.
Posted by: Biff Champion at May 1, 2008 10:24 AM
"Now I hope someone will just do reasonable house-and redo the ugliest mall in America while they are at it."
Comprehensive anti-AYer plan for redevelopment.
Posted by: guest at May 1, 2008 10:33 AM
This lawsuit sounds very interesting. Eminent Domain has gotten a lot of resistance since the Kelo decision. Governments would love to confiscate property for economic development, but they don't want so much fuss. Atlantic Yards is bringing a lot of attention to eminent domain, and the state would probably rather lose this fight and keep their ability to confiscate private property.
This lawsuit might give the ESDC an out- a way to bow out gracefully.
Defenders of eminent domain always say that it will only be used "as a last resort," they legally they are required to show strict adherence to the procedures. This suit shows that it's a much sloppier process than ED defenders would like to admit. It's also nice to see that property owners are beginning to use the arcane laws against government cronies.
Posted by: guest at May 1, 2008 11:08 AM
Yo What, your buddy Adam's been askin for ya. I think he wants to talk to you, I can't imagine why.
Posted by: Brooklynnative at May 1, 2008 11:34 AM
Let's see, for the last 2 years posters having been saying that Brownstone Brooklyn will be ruined by AY. Now, based on a rumor all the posts say it will be ruined if AY doesn't happen? My guess is that there is little substance behind the rumor which I'm sure was started by Ratner so that he can scare Markowitz + Bloomberg etc. into giving his project even more subsidies.
Posted by: guest at May 1, 2008 12:42 PM
must we curse? I mean really!
Posted by: guest at May 1, 2008 12:48 PM
once this AY BS is all over someone's gonna have to put some resources towards eminent domaining Ratner's house.
Posted by: guest at May 1, 2008 1:42 PM
The house and the ugly Atlantic "Terminal" shopping building that houses Pathmark.
We need a Quincy Market (as tired as it is) or a Reading Station!
Posted by: guest at May 1, 2008 5:43 PM
The house and the ugly Atlantic "Terminal" shopping building that houses Pathmark.
We need a Quincy Market (as tired as it is)...in fact, the way Quincy Market was when it opened in the 70's...or a Reading Station!...that would be a great addition!
Posted by: guest at May 1, 2008 5:43 PM
So tiresd of this site Brownstoner hows the flea business?
Posted by: guest at May 1, 2008 9:53 PM
It is a done deal...that is to say, it ain't neva getting done.
HA.
Posted by: guest at May 2, 2008 9:16 AM
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