atlantic-yards-signage-111010.jpgOpponents of the Atlantic Yards project won their first major legal victory yesterday when Supreme Court Justice Marcy Friedman ruled that the Empire State Development Corporation (ESDC) hadn’t sufficiently studied the community impact of a construction schedule that is now expected to last closer to 25 years rather than the ten initially put forth. Atlantic Yards Report explains that while the ruling will not immediately effect construction, it could subject the Atlantic Yards project to further arguments in court. For now, the case has been sent back to ESDC for reconsideration. It requires the ESDC to provide a “detailed, reasoned basis for [its] findings” on environmental impact while taking construction delays into account. “The Court properly found that ESDC misrepresented the facts of the contracts and there were no requirements that FCRC complete the project” says DDDB counsel Jeffrey Baker. “ESDC’s lack of transparency was not just with respect to its own deliberations, but extended to trying to hide material facts from the Court. We are very pleased that Justice Friedman did not tolerate that behavior.”
Justice Friedman Slams ESDC… [Atlantic Yards Report]
Court Slams NY State on AY, Rules in Favor of DDDB [DDDB]


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  1. Ahhhhh yes! The end of another AY thread on Brownstoner. Anyone who dares call out this boondoggle for what it is immediately gets labeled a “NIMBY” “rich kid” or is characterized as otherwise inauthentic by the project’s boorish cheerleaders. After all, it is the project’s proponents who are the real authentic old Brooklynites and they know what is best for us here. So you know it’s a done deal, and everyone who happens to live here just has to deal with the way the deal was done.

    But it’s a great story, don’t you think? Rife with all kinds of colorful actors: the craven politicos, the boot-licking toadies, the bought and paid for community leaders, the lying developer and his russian oligarch money man, the vain starchitect who was played for a fool, the strange, shady and opaque bureaucracy that was for some reason entrusted with ensuring compliance with state laws, the obstreperous NIMBY activists, the crusading advocates for good government, and let’s not forget the cool, cocky enviornmental engineering guns for hire. I can hear them saying: “review of this issue is outside the scope of CEQR guidelines for compliance…”

    The rest of us – well – we’re just the peanut gallery and hardly rate a mention in the story. What we think – nobody cares but us. But anyway, it’s the plot that I care about, and how it turns out in the end. It would really suck to have a bland, soul-less, poorly constructed residential development there that takes years to build, and it would be really great to have a lively and well-designed place that complements and improves the surrounding areas.

    It makes sense to pay attention to what is going on with this development. It is a big deal, and will have a major impact on the people who live here.

  2. Ah, right, Denton. Someone calls you out on your bullying with a swat (my “don’t be an idiot”) and you cry ironic foul. Bet that works for you often enough that you keep it up but infrequently actually listen.

    And fsrq, as I stated pretty clearly, this was what popped up first when I googled the issue because I was trying to summon the information from foggy memory. It looked interesting and thoughtful. If you had intended to be respectful in your reply, you certainly would have crafted it differently.

    Wow. This is unpleasant. I’m out.

  3. The funny thing about all the discussions over the time lines for when the residential buildings will be built is that no one really knows.

    When the capital markets improve and apartment prices/rents go up enough, construction will be start.
    Will that be in 5, 10, or 25 years? I don’t think anyone can answer that right now with any degree of certainty.

  4. The most depressing thing about this ruling is that we have to endure a droning hackneyed speech from rich boy Dan Goldstein. Ever since he accepted $3 million from Ratner, we have largely been spared his NIMBY ramblings. Now that this tiny bit of activity has passed, let’s hope that he goes back into hiding.

  5. bxgrl I know what I said, but

    “Does the “opposition” just want to “win” or do they want whats best for Brooklyn – seems clear to me. ”

    does not equal:

    “the idea ratner cares more about what’s good for Brooklyn than the opponents is sheer folly.”

    However you making that false equivalency:

    Does equal = Strawman argument

    And in case you dont understand the above logic tree Ill make it clearer.

    It is irrelevant what Ratner wants (or his motivation) if we are going to get an arena (and we all know we are) then delaying the inevitable (and leaving us with a construction zone in the heart of our neighborhood) through endless and meaningless lawsuits is NOT best for Brooklyn.

  6. Nokillisa (respectfully) you just quoted a white paper commissioned by the most hyperbolic & hysterical NIMBY’s surrounding AY – as evidence that you are not being hysterical and hyperbolic….

    http://www.brooklynpaper.com/stories/28/28/28_28nets1.html

    “The report was solicited by members of the local community and Develop-Don’t Destroy Brooklyn (DDDB), a neighborhood group formed in opposition to Ratner’s plan to build a professional basketball arena and 17 high-rises, some of them skyscrapers, on a swath of Prospect Heights that emanates from the intersection of Atlantic and Flatbush avenues.”

  7. “Does the “opposition” just want to “win” or do they want whats best for Brooklyn – seems clear to me. ”

    fsrg- you wrote this at 10:25.I simply responded to what you meant. Try keeping track of the conversations, shall we? Or are you backtracking on what you are saying?

  8. Wow, I just googled “safety and security concerns Atlantic Yards” because I remembered having read about it not having sufficient distance between the proposed arena and traffic and that NYC cops were really troubled, and I came upon this immediately:

    “…Reviewing projects to identify terrorism issues is becoming critical as this country – especially New York City – learns to cope with the new reality of living in a world where terrorists can strike anywhere and at any time. The proposed BAY high-rise and arena project plans contradict current trends concerning security requirements. Unless redesigned, the BAY project will make Brooklyn a decidedly less safe place to live, work or visit.
    The authors estimate that a devastating attack on the BAY project area – for instance, an 18-wheel tractor- trailer packed with 12,000 lbs of explosives detonating next to the glass walled Net’s Arena – could cause 3,000 to nearly 7,000 casualties, create $250 to $500 million in direct damage and up to $1 billion in collateral and indirect damage. Additionally, the costs to prevent a terrorist attack are estimated at more than $25 million annually in direct and indirect expenses for security implementation, including but not limited to: vehicle screenings, transit security, mass event patrols and check points, closed circuit monitoring and operational personnel (see appendix A)…”

    You pissed me off Denton, with your condescending proclamations of my being hysterical in a sheep-like way. Feel free to disagree with my position with regard to AY, just try to be respectful.

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