BREAKING: Judge Backs Eminent Domain Seizure at Yards

The Brooklyn Paper is reporting that State Supreme Court Justice Abraham Gerges this morning ruled against property owners in the footprint of the Barclays Center, paving the way for Forest City Ratner to begin construction on the controversial arena. In one fell swoop, the judge rejected 14 claims by the owners as being meritless. The properties affected by the ruling include the home of Develop Don't Destroy leader Daniel Goldstein, above.
Judge Rules Against Yards Property Owners [Brooklyn Paper]
113 Comments
By daveinbedstuy on March 1, 2010 12:31 PM
By fsrg on March 1, 2010 12:31 PM
100% expected - suits had zero merit
By Minard Lafever on March 1, 2010 12:35 PM
$527 million villa?
How can there be such a thing?
You could buy the entire country of Greece for that.
By Ringo on March 1, 2010 12:36 PM
They are going to raze all those places and then be in limbo forever. Mark my words. I really think Bloomberg or SOMEONE should say, show me the money before they are allowed to tear everything down. I know what ratner figures. He thinks once there is a giant hole in the middle of brooklyn, the city will have to step in an bail him out. And he's right.
By daveinbedstuy on March 1, 2010 12:38 PM
MInard, there were ensuite bathrooms.
By lalaland on March 1, 2010 12:42 PM
goo-bye daniel goldstein. may we never hear your name again...
By East New York on March 1, 2010 12:44 PM
"He thinks once there is a giant hole in the middle of brooklyn, the city will have to step in an bail him out."
In case you hadn't noticed, there's already a giant hole there. And it's been there for more than 40 years. Time for some change. See ya, Goldstein.
By Petebklyn on March 1, 2010 12:45 PM
arent there really only a few lots out of the whole plan that he doesn't own?
And isn't Goldstein the only holdout of condo owners in the 1 building?
By Ringo on March 1, 2010 12:49 PM
there are only a few lots left. he already got control and took down a bunch of buildings. still think developers need to show some proof of funding..
By daveinbedstuy on March 1, 2010 12:50 PM
Oh Danny boy, the pipes, the pipes are calling
From court to court, and down the Atlantic hole
The summer's gone, and all the roses falling
'Tis you, 'tis you must go and I must bide.
But don't come ye back when summer's in the meadow
Or when the valley's hushed and white with snow
'Tis I'll be here in sunshine or in shadow
Oh Danny boy, oh Danny boy, you got to go.
But when ye go, and all the flowers are dying
Your case is dead, as dead it well may be
You'll come and find the place where work's begun
And kneel and say an "Ave" there for AY.
And I shall hear, tho' soft you tread above me
And all my grave will warmer, sweeter be
For ye shall bend and tell me that you love me
And Brooklyn shall sleep in peace with thee no longer here.
By Minard Lafever on March 1, 2010 12:50 PM
ensuite bathrooms and renovated cellar?
By antidope on March 1, 2010 12:53 PM
what would the fire be? do you think the 18 billion net worth dude defaulted on a $50 mio deposit bc he doesn't have the cash (or liquidity)? or do you think that maybe he's a completely rational business person who realizes that a market price drop of 40-50% on a $500 mio negotiated price at peak is significantly more than the deposit? in other words, just like miami/pho/lv where it's smart to walk from your deposit.
By slopefarm on March 1, 2010 12:56 PM
Although not a fan of AY, I have to tip my (wool tweed) cap to an excellent song parody, DIBS. One of the better ones on this site.
By infinitejester on March 1, 2010 1:02 PM
from William Manchester's bio of Winston Churchill, referring to his prescient backing of Irish peace activist Michael Collins:
"Then, at 7:30 pm on August 22, a band of De Valera's gunmen ambushed Collins and his convoy on a back road in county Cork, in a gulley called Bealnamblath, between Macroos and Bandon, and Collins was slain. He was thirty years old. Almost his last words were: "Tell Winston we could never have done it without him." The martyred hero was wrapped in the green flag for which he had given his life, and his keening mourners sang, to the tune of the "Londonderry Air," that most haunting of Irish songs, now, for him, a dirge.
By UrbaneMeyer on March 1, 2010 1:03 PM
Alright! Let's play some hoops!
By bxgrl on March 1, 2010 1:07 PM
wonder how much the judge was paid off- considering the lack of traansparency, the special favors, the illegality of some of the procedures, the lies, the reneging on agreements that have characterized AY, I wouldn't be surprised. Think about all of that the next time we complain about the MTA or taxes. But hey- what's all that compared to an arena?
By Ringo on March 1, 2010 1:10 PM
my personal wish is for them to build the arena and skip the rest. any chance that will happen?
By cmu on March 1, 2010 1:15 PM
Agreed, bxgrl. Why all these my-property-is-mine types applaud eminent domain is beyond me. It's a moral outrage to demolish functional buildings. And, unnecessary as AY could've been built quite well without it.
By slopefarm on March 1, 2010 1:17 PM
UM -- you may be right about *playing* some hoops. Nets look on par with a decent pick-up game in Brooklyn. Show up early with your best five the day the arena opens and you might hold the court for a while.
By ncarty97 on March 1, 2010 1:22 PM
Awesome. I'm looking forward to this project. I lived near where the built the American Airlines Arean in Dallas, which was overall a very similar project, and it was absolutely great for the area.
By antidope on March 1, 2010 1:22 PM
sf- what are you talking about. nets beat celtics!
By Arkady on March 1, 2010 1:28 PM
Lousy news to start the week.
By wine lover on March 1, 2010 1:30 PM
finally - let's do this thing!
By Rookie on March 1, 2010 1:38 PM
Every time AY is brought up, people go on and on about how bad the Nets are. I'm guessing there aren't too many NBA fans on here, because it's widely thought in the league that they have one of, if not THE brightest futures of any team. They have a couple of killer rookies, a HUGE amount of cap space (they have been saving money to lure a couple of free agents this off-season) and they will probably have the #1 pick this year in what is shaping up to be one the best college drafts in a while. No one thought they would be this terrible, but a lot of this was supposed to happen -they are bad by design so that they can be really, really good when they get to BK.
By fsrg on March 1, 2010 1:40 PM
Bxgrl - I am the last person who ordinarily would defend Gerges but frankly it is despicable to publicly accuse a NYS Supreme Court Justice of taking bribes with ABSOLUTELY ZERO EVIDENCE, and especially since any reading of the law left the guy no other choice in ruling here. Gerges wasnt involved in AY, in its "transparency" or its "favors" or its "agreements" - he got a narrow case and ruled on it - thats it.
By more4less on March 1, 2010 1:49 PM
BK Nets BK Nets BK Nets
nice ring to it.
with Knicks still in POS status, it would be nice to have an alternative team to cheer for
By slopefarm on March 1, 2010 1:53 PM
Rookie,
You can't have taken me seriously. Obviously, whether the merits and drawbacks to the arena and the overall AY plan have nothing to do with how good or bad the Nets are this year. Likewise, there has been substantial "blight" on the court over at MSG for years. Perhaps we could use some eminent domain there, too.
Nets do have a decent young core, but no one who can take over a game. Can they survive a season this bad without developing a losing culture?
fsrq -- While I agree that bx jumped the gun in suspecting corruption on this decision, so much bad news in terms of corruption has come out of that courthouse in the last few years (none involving Gerges that I am aware of) that it is commonplace for people to suspect corrumption on any important decision that doesn't go their way. I doubt bx would have made that assertion if this were a Manhattan court or a federal judge. Sad.
By DeadCatBounce on March 1, 2010 1:56 PM
Fsrq:
what were the narrow issues in this case? I understand the arguements on eminent domain in general- was this something more narrow?
By wasder on March 1, 2010 2:01 PM
As much as I am not particularly a fan of this project in some ways I am relieved that whatever is going to happen is going to happen at this point. DDDB had basically nowhere else to go but to stall this thing inevitably which leaves a gaping hole and no Carlton Ave bridge etc.
By Rookie on March 1, 2010 2:04 PM
slopefarm - I know you were joking, but literally every AY post has 5 comments about how the deal sucks because the Nets suck. Drives me crazy. I agree, though. They need a big star. They should be able to afford two - hopefully (my bias shows!) Brooklyn Arena will be on the way so that free agents will believe that they won't have to spend their careers in Newark.
By fsrg on March 1, 2010 2:04 PM
No the general ED case was already ruled upon - this was simply about condemnation.
By Montrose Morris on March 1, 2010 2:05 PM
Sorry to hear it worked out that way, but love him or hate him, Daniel Goldstein changed the way projects work in New York City. You CAN fight the Man, and change his life forever. He may have lost, but I don't think any other mega-developer will think he/she can just sail in and run roughshod over neighborhoods without being taken to court and delayed for years. If the city had done the right thing in the first place - 1. sold the rights and the Yards to the highest bidders, not the guy with the sweetheart deal, 2. been upfront and transparent with all matters, instead of bypassing the communities involved,3. carried out legal due process, discovery, environmental studies, etc, etc in an above board way, instead of avoiding it with backroom politicing, and 4. not played dirty dealings with race baiting, false claims of "blight", and bogus promises of "affordable housing" and permanent jobs, not to mention eminent domain, THEN this annoying man and his followers would have been forgotten years ago. But they didn't. You go, Daniel. Good luck to you.
By fsrg on March 1, 2010 2:28 PM
MM - you are giving Danny way too much credit - killing projects through a thousand cuts (read: lawsuits) is an old and well worn tactic in this city, the only thing unique about Goldstein and AY is that in this case the development may actually survive.
By tinarina on March 1, 2010 2:32 PM
Also, the city was a bit player in this...Albany has more control. Because most of the land belonged to the MTA, decisions could be made at the state level and avoid ULURP.
By Sparafucile on March 1, 2010 2:32 PM
QUOTE: "hopefully (my bias shows!) Brooklyn Arena will be on the way so that free agents will believe that they won't have to spend their careers in Newark."
Why would being on the wrong side of the East River be any more attractive to free agents than being on the wrong side of the Hudson?
By SteveFtGreene on March 1, 2010 2:34 PM
MM, if all of those four right things had been done, there would have been a much better chance for a much better plan and much less opposition.
And, if anyone is annoying, it's Ratner and his allies with all of their deceptions used in promoting this disaster.
By Minard Lafever on March 1, 2010 2:37 PM
Agree with fsrq. I believe Danny did the developers a favor believe it or not. Had they started building the residential and office towers the project would have gone belly-up as all financing dried up early last year. Now, with their powder dry and no bad loans to build unleasable buildings, they are in a much better position to start the arena part of the project in late 2010. The rest will follow when the economy picks up. Their original timing was terrible and the lawsuit actually saved them.
By mimi on March 1, 2010 2:37 PM
Regardless whether you favor the Arena or not, the Goldsteins stood up to power, they did what most of us would never do, sacrificing several years of their lives for something they believed in and from which they ultimately have no gain. We should all be thankful there are people in this city like them, they protect us more sheep like creatures who are pushed along, bought off, don't want to get involved or just to busy with our lives to make a stand like they did.
By bxgrl on March 1, 2010 2:37 PM
fsrg- first of all I didn't know the name of the judge. On the other hand, considering everything that has gone on with AY, nothing would surprise me. There's been far too much back room dealing and despite all of it, and all of the special exceptions and even outright flaunting the rules, Ratner still wins out. Sorry, fsrg- my money and yours is being handed to Ratner on a silver platter- I want to know why and how. As far as Gerges- well, Spitzer "Mr. Clean" shocked us too. At that level of power, no one is above suspicion, NY Supreme Court Justice or no. It ain't sainthood.
By Guvna on March 1, 2010 2:40 PM
Congrats to the guy! He had his day(s) in court(s) and his voice was heard. I'm not sure if he has exhausted all of his appeals, or whether he can still literally afford to, but at some point this saga must end. If this is the end, I would like to hear his view on whether he received a fair hearing in each case, and if not, why not.
At this stage though, I am inclined to simply want the project to start! I'm not much of an NBA fan, though I was caught up in the last good Knicks team in the 90's. I expect that I would be a regular in the Nets arena simply because of its proximity. It was always a bit of a trek to get to the garden, whereas I would be able to walk to AY. Sounds selfish I know, but lets be real, I dont know the guy, and I suspect his life will be just dandy even if he has to move to a nice new place.
By infinitejester on March 1, 2010 2:41 PM
Any woman seen in public wearing Nets gear is an obvious unrepentant slut. Everyone knows that.
By bxgrl on March 1, 2010 2:47 PM
crap, IJ- now I suppose I'll have to shred my new jacket with a razor blade :(
By Ppark on March 1, 2010 2:59 PM
Whether the team is good or not is irrelevant. this project will be a DISASTER for the neighborhood. You think the traffic is bad now? Wait til the arena comes to town (we all know Brooklyn and LI-born folks don't use public transportation). I won't even go in to the imorality of using eminent domain for private gain. Unless you consider enriching Marty Markowitz "public good."
By mcarmbk2010 on March 1, 2010 3:04 PM
"It was always a bit of a trek to get to the garden, whereas I would be able to walk to AY"
and drunks will be able to walk in front of your apartment and piss, and traffic will be able to clog your once quite streets.
Anyone 'cheering' for this is openly supporting corruption and outright stealing. Just because the government says it's 'ok' doesn't mean it's right. Bruce Ratner is stealing properties from middle class home owners. He is a billionaire. There is nothing 'right' about this.
By Park Sloper on March 1, 2010 3:05 PM
MM and mimi: hear, hear. Dan Goldstein could have taken a lucrative buyout of his apartment, but he stood firm and fought for what he believed in.
Having said that, I agree that at this point, even if he or others have other avenues to appeal, they should just move on and let the project begin, as it inevitably will. Let's get something built there already.
By Brownstones Half Off on March 1, 2010 3:07 PM
Get the fuck out!
***Bid half off peak comps***
By g man on March 1, 2010 3:09 PM
bxgrl, the lawsuit wasn't about "the lack of traansparency, the special favors,...the lies," so your glib and spurious accusation about bribery is way off-base. The lawsuit alleged "illegality of some of the procedures" and the court found that not to be the case.
By daveinbedstuy on March 1, 2010 3:19 PM
Why would being on the wrong side of the East River be any more attractive to free agents than being on the wrong side of the Hudson?
Posted by: Sparafucile at March 1, 2010 2:32 PM
Dems fightin words.
By UrbaneMeyer on March 1, 2010 3:21 PM
Hey Goldstein, I know some people who could use your help keeping a merry-go-round out of a park!
By NYGuy7 on March 1, 2010 3:29 PM
Whatever gets put there is going to be a huge ugly unusable mess exactly like Atlantic Mall is. I'd prefer it stay a hole.
By bxgrl on March 1, 2010 3:32 PM
Really gman? My comment was to a whole range of things- so what if the case was simply about eminent domain? As well known, eminent domain laws vary widely- despite the SUpremem Court rulings. But beyond that, why should Ratner be allowed a pass on everything and be given the favor of eminent domain? I'm sure Gerges is trembling in his seat over my question- which was more glib, than serious. I was making a point- but i see you and FSRG are not conversant in sarcasm or irony.
My bigger point is this- since we have seen how well the government works for any of us- why should the Supreme Court be considered untouchable? We've already seen how the Justices at the Federal Level, allow their own politics to color their decisions. We've seen how politicians and judges and CEOs are interconnected- why shouldn't I, or any other citizen question why poor decisions are made? Because I have yet to hear a good explanation for the use of eminent domain in this case.
The lack of outrage over the many questionable details of AY, or the money we are throwing at it seems far more spurious and off base than what I said.
By Rookie on March 1, 2010 3:32 PM
"Why would being on the wrong side of the East River be any more attractive to free agents than being on the wrong side of the Hudson?"
Players care about playing in New York City. Brooklyn? Even better. Broolkyn is the spiritual home of basketball, in the media capital of the world. Players, even those who even live in Jersey (a lot of them, actually) don't want to play there. If you don't think playing in a new Arena in BK on a team co-owned by Jay-Z is not enticing to players, well...I don't know what to say. The Brooklyn Nets, or whatever they call it (I'm hoping for a name change) will be the hottest jersey in the country: Mark my words.
By antidope on March 1, 2010 3:40 PM
it's also not in a swamp.
where is maplewood guy when you need a good bk v nj slamdown?
By harriet on March 1, 2010 3:42 PM
Here's something to support bxgrl from today's NY Times:
"They are appointed by politicians,” Ms. Haberfeld said, “and it really takes a supreme personal integrity to say to the person who appoints you, ‘No, I’m not going to do it.’"
http://nyti.ms/b0aNwV
The article was about an agency that was established to be above political pressures: The NY State Police. What? you might ask. Corruption in the police? Well, judicial offices are handed out as patronage positions.
People love to complain about the State Senate, but our judicial branch is also really bad.
By bxgrl on March 1, 2010 3:52 PM
Thanks, harriet. Here- sit by me behind this tree. I'm evading incoming fire :-)
By Sparafucile on March 1, 2010 3:53 PM
The Prudential Center isn't in a swamp. It's a new arena in an urban location. It's a 20-minute train ride to midtown, same as Atlantic Yards Not that these guys take the train, just that its proximity to 'the media capital of the world' is the same. Jay-Z already co-owns the team, for all the impact that has had.
By DitmasSnark on March 1, 2010 3:54 PM
> (I'm hoping for a name change)
Me too. The Brooklyn Boondogglers has a nice ring to it.
Or mayhaps the Landgrabbers? The Pocketpickers?
So many choices...
By denton on March 1, 2010 3:55 PM
"my personal wish is for them to build the arena and skip the rest. any chance that will happen?"
I had hoped the opposite :-)
Oh well.
By bxgrl on March 1, 2010 3:57 PM
Snarky- the MoneyGrubbers? The AY A$$hats? The Ratner Rats? I can see that logo.
By antidope on March 1, 2010 4:00 PM
they play in izod center. in a recovering swamp. prucenter was an option, but newark is still not downtown bk. lots of places are 20 min from manhattan. most would not be an improvement over izod.
for your econ lesson of the day:
jersey city has nice rowhouses, right?
jersey city vs brownstone bklyn.
check out the ppsf.
the market/$$$ clearly has a preference.
lesson two of the day:
target atlantic center is the single largest grossing tar-jay in the country.
location matters.
By denton on March 1, 2010 4:00 PM
"Anyone 'cheering' for this is openly supporting corruption and outright stealing. "
Mcar, can you please speak for yourself? Thank you.
What a buncha sore losers.
The judge got paid off. Ratner's a thief. If only he would have done things the way we wanted to.
Get a judge to agree. Oh, I forgot, they're all on the take. All of them.
Bring in the cranes, baby!
By bxgrl on March 1, 2010 4:07 PM
I am a sore loser when it comes to fighting something when the deck is stacked against you before you even get started. I do question how the stars all aligned for Ratner despite everything. And you should be asking why that is too, denton. It's not like Ratner is spending his money. He's spending a hell of a lot of ours. Too many people in power rolled over for this deal- most visibly, the MTA. It sucks and we have a right to question why.
By cmu on March 1, 2010 4:11 PM
do the math:
> The 8.5 acre Vanderbilt Railyards were appraised at $214.5 million.
> In 2005, after a fixed bidding process, the MTA awarded the Yards to Ratner for $100 million, even though he was outbid by Extell's $150 million.
> In Sept. 2009 the MTA reached a new agreement with Ratner where he pays only $20 million up front and $80 million over 22 years (if ever).
So you AY-supporters think this is OK?
By antidope on March 1, 2010 4:18 PM
are those all the relevant data points cmu? or just the cherry picked ones?
if the argument is about cash of this deal vs the alternatives, then we don't have even a small fraction of the needed information. just like the silly argument about the cost v look of park benches the other day.
ratner gave up 80% of his nba franchise to retain a piece of this deal and keep it alive, so it probably is a good deal for him, but it's not like he's putting nothing on the line.
what do you think a 5-56 franchise is worth? i'd say somewhere between 350-500 million.
dollars not rubles.
By antidope on March 1, 2010 4:19 PM
and i don't believe anyone is guaranteeing his investment!
By benson on March 1, 2010 4:22 PM
Hi folks.
In my hotel room in Tel Aviv.
Two comments:
-DIBS' Danny Boy parody made me laugh out loud in my hotel room.
-Tel Aviv women are smokin' hot! Bruce should hire some as
Nets' cheerleaders!
By fsrg on March 1, 2010 4:22 PM
Bxgrl - the issue isnt you wondering whether graft or corruption was involved in the project or even suggesting that Judges (in general or specifically with some evidence) may take bribes -
The issue is that you basically accused a specific SCt Justices of directly being corrupt - it is a slanderous accusation and IMHO quite inappropriate - not based on law or feelings regarding AY - but rather on a personal level.
By fsrg on March 1, 2010 4:24 PM
CMU - Yes
By UrbaneMeyer on March 1, 2010 4:28 PM
Call them the Brooklyn Dodgers! Where can I get my t-shirt?
By bxgrl on March 1, 2010 4:33 PM
fsrg- I said "the judge"- which is generic. I'm sure you enjoy making this into something that it isn't. You don't know me personally, you have no qualifications as a psychologist and you have no right to speak for me. But if in your arrogance you still feel you must interpret, let me paraphrase Senator Bunning (R-KY): Tough sh*t. After all, what kind of ethics do you have, that the MTA deal is ok with you?
By denton on March 1, 2010 4:34 PM
"I am a sore loser when it comes to fighting something when the deck is stacked against you before you even get started. I do question how the stars all aligned for Ratner despite everything. And you should be asking why that is too, denton."
If what Ratner went thru should be called 'stars all aligned' I hope it never happens to me. Goldstein and his buddies managed to drag this out and add tens of millions to his legal expenses. Honestly, I don't find him an example of 'standing up for the little guy'. More an example of an egomaniac who finds a cause that makes him famous. Now that he's had his ten minutes, disappear.
You wanna talk about dishonest? The name of his alleged organization. 'Develop Don't Destroy'. Yeah, show me a development he was in favor of.
By antidope on March 1, 2010 4:41 PM
bx- lol. that defense would not stand-up even in the most corrupt courthouse. i know i know that's redundant.
you dont like the deal fine but i think the best argument you have is the lack of transparency. that leaves everyone to speculate. (sweetheart deal? i don't have enough infor to decide, but i'd bet against.)
the truth of the matter is if it really really bugged you i have no doubt that you could have gotten involved either directly in the process or as a quasi-muckraking blogger/investigative reporter. in such a role, you would likely have more facts at your command.
to bitch here after, just sounds like whining.
and to accuse a fellow commenter of a lack of ethics is as rich as it comes. someday you may rue the lack of ability to delete.
By bxgrl on March 1, 2010 4:42 PM
Well denton- I'm with Mm and Mimi- I can't feel sorry for Ratner. He could have done this far differently and the Nets would be playing in the arena by now. By no- his supersized ego (and you talk about Goldstein's?) meant a megaproject with 18 buildings and an arena and if that meant taking someone else's property, demapping streets, and sweetheart deals, well so be it.
He's run roughshod over taxpayers and yet everyone is carrying on about Goldstein. Well, daniel makes a good scapegoat- gotta hand it to him.
By mcarmbk2010 on March 1, 2010 4:43 PM
denton,
do you deny that Bruce Ratner is forcibly taking land away from people who don't want to sell it to him? Do you deny that he is doing this not for public benefit but to line his own pockets with public money?
By the way DDDB IS in favor of the unity plan to develop Vanderbilt yards.
http://www.dddb.net/php/latestnews_Linked.php?id=1159
like all bruce ratner 'supporters' you have to lie to make your point.
By fsrg on March 1, 2010 4:43 PM
Bxgrl - I feel sorry for you - you either too slow to understand or so cold in heart that you cant admit that you actually did slander Gerges (with no basis at all) - and again - I know Gerges and I am no fan of his judicial abilities - but to slander someone on a public message board is wrong...
To make it clear in the off chance you are just dim-witted I will spell it out for you;
The article post reads:
The Brooklyn Paper is reporting that State Supreme Court Justice Abraham Gerges this morning ruled against property owners in the footprint....
The you say:
wonder how much the judge was paid off- considering the lack of transparency....
Conclusion:
Your post comes after the article, therefore under any normal reading of English, "the judge" you are referring can only be Abraham Gerges
- which is not in any way "generic"
I am sure Gerges will survive your slander - but it doesnt make it right.
By fsrg on March 1, 2010 4:45 PM
"By the way DDDB IS in favor of the unity plan to develop Vanderbilt yards.
http://www.dddb.net/php/latestnews_Linked.php?id=1159
like all bruce ratner 'supporters' you have to lie to make your point. "
Yes and Republicans are in favor of universal healthcare that doesnt cost anything, requires no mandates and has no Government involvement.
Personally I think the Republicans are being more realistic than the "Unity Plan" ever was.
By mcarmbk2010 on March 1, 2010 4:48 PM
plenty of developers make money in new york without feeding off the public trough - Ratner is an incompetent developer who would be bankrupt if it weren't for his sweetheart deals and friends in government -metrotech would be empty - the city is constantly playing office shuffle to keep ratner's poorly planned projects from having a ridiculously high vacancy rate.
bottom line: if Bruce Ratner were not constantly bailed out with OUR money he would be bankrupt - and comptetant developers would able to developers would be able to build something sustainable over the yards.
and BTW, the MTA is hurting for cash and threatening severe cuts, yet ratner's getting the land at 100 million below its value... at some point , someone has to start smelling a rat - the big story here is all the backroom deals ratner has made which our press has refused to dig into - why? Because Zuckerman and Shulzberger are Ratner's buddies.
By mcarmbk2010 on March 1, 2010 4:50 PM
fsrg
is it wrong to speculate that Bruce Ratner/ Forest City have been involved in bribary? You don't think that something is 'fishy' at this point? Even after Ridge Hill?
By bxgrl on March 1, 2010 4:56 PM
antidope- are you well? Do your glasses need cleaning? Did you not see what fsrg posted to me? Or is it just that you are so in love with the idea of AY you feel the need to attack? Whatever. And what makes you think I didn't get involved? Because I don't post about it here? I had every right to ask fsrg about his ethics- after all I was subjected to his personal psychological analysis which you seemingly did not read.
By fsrg on March 1, 2010 4:59 PM
The land appraisal is and was ridiculous BECAUSE it put forth a totally unrealistic price for the construction of the platform needed to actually create the land - the cost estimate was based upon a single Firms estimate and with no input from the MTA into its specifications and requirements. The MTA recongnized this and took the bid that actually would be feasible - would you have been happy if someone had bid $1 Billion dollars for the land but then couldnt actually afford to build anything?
Don't you think it is at all interesting that even the much ballyhood "Unity Plan" bid came in approximately 30% BELOW the so called estimate?
By fsrg on March 1, 2010 5:02 PM
you can speculate about graft and corruption all you want - and you can even accuse people of being corrupt but when you do the latter with no basis AT ALL, then MY ETHICS say - its wrong - and I'll say so
By Montrose Morris on March 1, 2010 5:03 PM
Oh come on fsrg, you are getting pretty bent out of shape over a difference of opinion. Bxgrl did not slander the judge, and to go on like she did is really a bit much. And you are getting pretty personal talking about dim witted people. How about everyone just cooling out?
Like many positions, if one is for it, anything and everything is fair. If you are against it, nothing is.
Personally, nothing about this whole thing has been either fair or above board, but I'm not going to call people who disagree with me names. Gotta admit, never will understand how you came to that position, and after arguing on Brownstoner for over 3 years on said position, I don't expect you to change. But then neither will I, and unless they are presenting me with the keys to the city at center court, I don't expect to ever set foot in the place.
By bxgrl on March 1, 2010 5:05 PM
FSRG- I'll confess to glancing over the initial post so I did not read the judge's name but your shrieky hysteria and need to get personal over my opinion and an off the cuff remark really says more about your uptight I'm sitting on a broomstick political view. You chose to ignore a lot of facts (Read the AY Report once in awhile) in your comments and for you to get personally nasty over comments about a public figure- a conjecture in fact- says you have issues of maturity. Don't like the idea of questioning judges or politicians? Maybe you should live in a totalitarian country where they actually like that sort of unthinking behavior.
By fsrg on March 1, 2010 5:05 PM
"after all I was subjected to his personal psychological analysis which you seemingly did not read. "
Where?
By bxgrl on March 1, 2010 5:09 PM
" it is a slanderous accusation and IMHO quite inappropriate - not based on law or feelings regarding AY - but rather on a personal level.
Posted by: fsrg at March 1, 2010 4:22 PM"
Since you don't know me, how would you know what is or is not personal for me? You don't.
By fsrg on March 1, 2010 5:11 PM
MM - I am really not getting bent out of shape - all I said (originally) is that Bxgrls 107PM accusation that Gerges took a bribe was despicable (see my 1:40 comment) - it has nothing to do with a pro AY or anti-AY position - I am no fan of Gerges - I just think publicly accusing (or even speculating) that a judge (who is bound by some pretty clear law in this particular case - again condemnation proceeding) is taking bribes is not proper.
If you and Bxgrl think that such speculations/accusations are approriate and called-for so be it...MY ethics say otherwise.
By ncarty97 on March 1, 2010 5:12 PM
To the people worrying about traffic and drunks 'pissing' in their yards, I heard the same complaints about AA Center in Dallas. 8 years later, they are still nothing more than scare tactics. Simply put, this is great for the area over all, and assuming they build out their plan as shown, will help elevate property values over the long run.
As for them handing 'our' money to a billionaire, at least he is giving it something back to the community instead of the nothing we get from legions of corrupt officials and corrupt government programs that give most of us absolutely nothing in return.
By antidope on March 1, 2010 5:13 PM
very well indeed, actually but thanks for checking in. had a bit of a headache after the usa loss to canada, but it actually had me thinking and cheering another borough boosting idea. maybe the devils will move over and join the nets when their lease is up.
look you are awful quick with the insult today, but i understand you're quite defensive. whatevs. i saw your lame defense of your, in my mind harmless, accusation of graft and couldn't resist a barb.
on the other hand, if you were actually involved -- as you hint -- perhaps you could point to real data or a resource that evaluated in detail the real alternatives.
i have to say on the face of it: a) appraisals mean shite, trust me, i've seen a million of 'em totally divorced from reality (like some of our fave posters here), so that can't be the starting point, b) 100 mio or whatever does not add up to a hill of beans next to *ability to complete* a mega-billions project. who can afford to risk a quarter built arena in that location.
and the crowd screeching sweetheart deal/ he's got nothing at risk -- this is a joke, right?
By fsrg on March 1, 2010 5:16 PM
"Since you don't know me, how would you know what is or is not personal for me? You don't."
Not personal to you - personal to the Judge - I dont think it is fair to publicly accuse someone of being corrupt with ZERO evidence, not for any other reason then because that "judge" is a PERSON - a human being - one who actually couldnt respond if he wanted too.
Again Abe will be fine, but it doesnt make it right.
By mcarmbk2010 on March 1, 2010 5:16 PM
then MY ETHICS say - its wrong - and I'll say so
when it comes to AY you have a curious sense of ethics... my gut tells me that Ratner is a crook, through and through.. with the new accusations coming out every day about sectors of the new york financial industry and government it should come as no surprise.
The MTA recongnized this and took the bid that actually would be feasible
oh come you COULDN'T be serious.
someone had bid $1 Billion dollars for the land but then couldnt actually afford to build anything?
Are you saying it is 'impossible' to build over the yards w/out public money? Are you saying there is no firm that could do this? and if it is so infeasible, then why get the cash strapped government involved? MEtrotech has been a loss for the city revenue wise, and in terms of brooklyn astheitics it goes without saying that everything ratner has done has destroyed the fabric of the borough. He simply does not care about anything but money.
By mcarmbk2010 on March 1, 2010 5:20 PM
Ratner is giving nothing back to the community - he destroying a community - as he is doing in yonkers/ ridge hill - if by now you don't see that the man is crook I don't know what to say.
when it is used to hand over to a private developer Eminent domain is WRONG period. It is stealing and no ETHICAL person would do it, but Ratner is not ethical.
As I said the biggest story here is that Ratner hasn't been indicted. I am looking forward to the day is - I hold out the hope there is some honest whistle blower that will shed light on this.
By bxgrl on March 1, 2010 5:20 PM
If there was no question as to the law, it never would have gone before a judge. Each side presents an interpretation of the law for judges to decide.
Once again- my comment was sarcastic- if i were going to accuse him of taking a bribe I would have said exactly that but you just can't seem to wrap you mind around anything but trying to score gotcha points. As ofr speculating- nothing wrong with that. People in positions of power have to be held accountable. Would that we never had cause to speculate about pols and their appointees but considering everything we've seen, we'd be fools to never question. Why you seem so bent out of shape is very telling. Let it go already.
And again- what makes you think your ethics are so much better? You can accept the bad deal the MTA made? Or that the ESDC didn't follow proper procedure in order to help Ratner? How ethical is it to give one person's property to another for the sake of private development? Yet you're calling me unethical. Nice work if you can get it.
By fsrg on March 1, 2010 5:22 PM
"when it comes to AY you have a curious sense of ethics... my gut tells me that Ratner is a crook, through and through.. with the new accusations coming out every day about sectors of the new york financial industry and government it should come as no surprise."
When your evidence is more concrete than a "gut feeling" - please post it immediately.
As for the rest of your diatribe I'll just repost a bit of your post - I think it very effectivly demonstrates that you are viewing Ratner and AY in a decidedly irrational and hyperbolic way:
"everything ratner has done has destroyed the fabric of the borough. "
By ncarty97 on March 1, 2010 5:26 PM
What exactly is Ratner destorying? Some abandoned train yards, sub par housing and a decent bar. I have no feelings one way or another on Ratner, but I know as someone that looking to buy in the area, I'd much rather live near what he is building than what is currently there.
By Guvna on March 1, 2010 5:27 PM
mcarmbk2010, the bums and drunks wont quite make it over to my pad. I'm sure they'll stop off on Fulton or maybe make it as far as Dekalb, but no further, lol.
As for traffic, it' already a fact of life that the intersection is stuffed with cars 24/7. Additional traffic on game day will work itself out. I'll be walking anyway.
I'm glad the guy had his days in court, and had he won I couldve lived with that too, but he didnt. so lets get this thing up and watch some basketball already!
By mcarmbk2010 on March 1, 2010 5:27 PM
"When your evidence is more concrete than a "gut feeling" - please post it immediately."
Ridge Hill
By bxgrl on March 1, 2010 5:28 PM
antidope- fsrg was quicker to insult. However considering all the information that has been made public over the last few years re AY, it's the height of ridiculousness to claim we are just crying in the wind. You can ignore the information, but it does exist- the fact that I don't rehash all of it in its entirety with every post has everythng to do with space, not lack of facts. But your argument simply pretends those facts are either all incorrect or do not exist ("appraisals mean shite, trust me") so if nothing is true and everything is true, that's a lot of chaos. However, if you don't want me to respond to you, try not taking a potshot. trust me, I won't miss the discussion with you.
fsrg- obviously you have some personal relationship with gerges. I'm done explaining anything to you - take a chill pill.
By Crownlfc on March 1, 2010 5:30 PM
RIP USA 1776-2010
I would love the nets here just as much as anybody but if this isn't the official end of our republic as we know it, I don't know what is:
THE STATE CAN NOW ARBITRARILY SEIZE PRIVATE PROPERTY AND GIVE IT TO OTHER [WELL CONNECTED] PRIVATE CITIZENS.
By East New York on March 1, 2010 5:31 PM
The development will not "destroy" the area. It will improve it in many aspects, and will create economic activity in an area where none presently exists. Naturally traffic will increase during events. Madison Square Garden, in a more heavily congested area, seems to do OK. I do think Ratner received a "sweetheart" deal - in the same way that developers are often granted special terms in return for launching projects in areas that represent unusual challenges. I can live with that. I don't mind that my tax money went to the project, as long as it's completed. I think Ratner has a good track record with projects of this scale and can do a reasonable job. The project isn't perfect, but that doesn't mean it isn't worthwhile. I'm ready to see it go ahead, and I expect it to be a positive thing for this area of Brooklyn.
By mcarmbk2010 on March 1, 2010 5:32 PM
ncarty97: What about the ethics of turning over someone's private property, against their will, to give it to a private developer for personal gain?
fasrq: do you think it is right to turn over private property against the will of the owner, to a private developer? Is it 'ranting' to be against that.
As destroying the fabric of the borough - that is true - Ratner is a dinasaour stuck in 1970s superblock planning - he does this because on paper, it is most profitable - if you eliminate streets you can increase your density by claiming the former streets as open space - its not good for cities though -
Metrotech knocked out something like 1300 factory and other small manufacturing jobs - the kind of jobs the poorest and least educated brooklynites had a chance of getting.
By fsrg on March 1, 2010 5:33 PM
Bxgrl - I never called you unethical - as you said - I dont know you but you are a bit naive:
"If there was no question as to the law, it never would have gone before a judge."
As for ED - I do have to (rhetorically) ask - If instead of Ratner, the City, State or even the MTA, used ED and built the Arena would that be ok?
Lets say if instead of an Arena, they built a Public University (an original plan for the site), would ED be okay in that case? - What if they hired Ratner to actually do the construction - would it still be ok or would all the contractors have to be Government employees to be acceptable? What if they didnt used Ratner but another builder, would that builder be entitled to make a profit? How much profit would be "too much" for ED to tereby be inappropriate.
What about if the Government used ED to build a museum? Would that be acceptable? Could the museum charge the public to enter or would that render the ED improper? What if it was a really popular museum (ala Air and Space) could the Government take in more revenue than the cost to operate the museum - or would that render the use of ED improper?
IMHO all this ED talk is misdirected - if an Arena is a public amenity (which again IMO it is) than in doesnt make a particle of difference that Ratner may "profit" - newsflash - even in "public" developments - private individuals/organizations "profit" - in fact usually alot more.
By mcarmbk2010 on March 1, 2010 5:34 PM
"Madison Square Garden, in a more heavily congested area, seems to do OK"
Oh yeah, that's a great, vibrant 'neighborhood'
By ncarty97 on March 1, 2010 5:41 PM
mcarmbk2010, I'm not a big fan of emminent domain in general. However, in some cases, especially in a heavy population density area, you just aren't going to get everyone to agree, no matter what you offer. Without eminent domain, nothing would ever happen. Yes Ratner and company will make a good deal of money on this, but you wouldn't expect them to work for free would you?
Similar situation occured in Dallas when SMU got the Bush library. They offered a ton of money to the owners of a condo building adjacent to the land they owned that they wanted to build on (they needed more than just their lot). Everyone took the deal, which was a very good deal, except to owners. They refused no matter what. SMU ended up going the eminant domain route. Sure it's not a private individual, but still a private entity. Without it, they would have lost the library that will be a boon to both the school and the city of Dallas.
So long as the propety owners are fairly compensated, there is nothing unethical about it.
By mcarmbk2010 on March 1, 2010 5:41 PM
"Lets say if instead of an Arena, they built a Public University (an original plan for the site), would ED be okay in that case?"
Well on the upper West side a judge ruled against Columbia (albeit private) expansion - citing the corrupt 'blight' process - which is yet another corrupt aspect of the whole AY debacle.
And no, I don't think it's right to user eminent domain to build arenas or stadiums.. it reeks of 'bread and circuses' which is never the sign of a healthy republic (sorry for all the 'ranting' rhetoric) .
the definition of ED has been expanding to the point where, literally, the city can seize a church property and claim that a mall will bring more tax revenue- and if you think that's a hyperpole - it has already happened in Bridgeport Conn.
By mcarmbk2010 on March 1, 2010 5:45 PM
"So long as the propety owners are fairly compensated, there is nothing unethical about it."
And there is where we disagree, I suppose. I do not think it is right and it undermines of the most basic of rights.
By ncarty97 on March 1, 2010 5:47 PM
There is no doubt that many time, EM is abused, and I agree that the definition of blight that they have been using is suspect to say the least. That said, I don't think this EM case is near as bad as it is being made out to be. What should be of greater concerning is the sale of the MTA yards at less than market rates when the MTA is hurting so bad.
The simple fact is that if you wanted to build a Nets arena anywhere in Brooklyn that was anywhere near public transportation, they were going to have to use EM to do it.
By ncarty97 on March 1, 2010 5:49 PM
Fair enough, but the concept of EM goes back a long ways, though certainly it has been expanded. One person should not be able to block progress simply because they hold a piece of paper.
By ncarty97 on March 1, 2010 5:50 PM
Despite what some people would like to believe, property rights are not absolute. If they were, there would not be a single landmark commission or historical district in the country.
By mcarmbk2010 on March 1, 2010 9:53 PM
". property rights are not absolute.."
it is a far cry from say, protecting a historic district (people still own their property they are just limited to what they can do with it) to stealing middle class homes and turning them over to a private developer to build a megaproject.
what has happened under bloomberg is a transfer of middle class property and small business to 'megabusiness' willots point - columbia, vanderbilt yards- which means less property is control of the middle class. that is not healthy for a democracy, or what's left of ours.
and do you think Ratner's going to stop here? He's insatiably greedy and corrupt- mark my words, he will use the construction noise and pollution to blockbust other neighborhoods and continue sucking up property.
By bkn4life on March 2, 2010 2:02 AM
probably too late for this thread...
but google is your friend bxgirl..
justice gerges has been involved in questionable actions:
http://www.transalt.org/newsroom/media/2370
looks like he is for taking public land for private uses.
By SteveFtGreene on March 2, 2010 3:50 AM
There's so much discussion here. It's too bad that the developer worked with politicians to make sure that the public had no say in this publicly-subsidized development.
Specifically: Atlantic Yards' being designated a State project allowed it to bypass the New York process (Uniform Land Use Review Process) that involves the City Council. This resulted in an instant upzoning for the area.
Ratner doesn't care what you think.
Bloomberg doesn't care what you think.
By mcarmbk2010 on March 2, 2010 9:05 AM
funny in this 'green' sustainable era the city still relies on make-work boondoogles in a desperate attempt to keep the economy from sinking - but like a thirsty man drinking seawater it only hastens our demise.
Do we really need another arena? And in 10 years when the team owner says its out of date and threatens to move do we fund it again?
By ncarty97 on March 2, 2010 2:47 PM
"it is a far cry from say, protecting a historic district (people still own their property they are just limited to what they can do with it) to stealing middle class homes and turning them over to a private developer to build a megaproject. "
It is still an interference of property rights. Regardless, what was stolen? The property owners were all paid at or over market rate for their properties. That's not theft.
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Mikhail Prokhorov, the so-called salvation for this project lost a deposit (10%, I believe)on a $527 million villa in southern france after he failed to complete the purchase.
Where there's smoke, there's fire.
Is FCE/A a short????