Atlantic Yards Opponents Actually Win One
Opponents 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…
Opponents 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]
This discussion deserves a rare usage of all caps:
THIS DECISION HAS NOTHING TO DO WITH THE ARENA.
The arena is being built, and it’s unlikely anyone, including DDDb will fight that. However, the second phase has not started, and that’s the part that will likely take decades to build.
If you don’t want community groups suing the ESDC, then maybe you should ask the ESDC not to lie.
If you want good design, then maybe you should ask for projects that are not based on lies.
This case is about the Environmental Impact Statement that said the project would take 10 years, while the construction agreements showed that everyone expected the project to last 25 years. I will go out on a limb and say that is a lie.
Don’t be an idiot Denton. I was referring to local laws that have required a standard safety net of space specifically for the purposes of safeguarding against bombs or other “terrorist” acts. Rather similar to laws in San Francisco having to do with earthquake-friendly building and so on. I was not being in the least “hysterical”.
eny and fsrq rock.
Noki’s post is an example of the mass hysteria of the nimbys. Bombs? Really? Have there been any bombs in Yankee Stadium? Shea? MSG?
And is that a reason not to build an arena? I guess that falls under the ‘the terrorists have won’ category.
“His reputation took a bit hit.”
I think it got worse with people who weren’t crazy about him anyway. Like I said, he’s still doing the project, and remains one of the city’s top developers. I don’t see that changing. I imagine time will tell.
“He built projects in Brooklyn before without all the drama.”
Actually I was in college at LIU when he proposed MetroTech, which was similarly derided and opposed. In the end, MetroTech was a very good thing for a neighborhood that prior to the development was a good place to score drugs or pick up a “date.” So excuse me if I just don’t buy any of this misguided opposition.
Bxgrl – you “QUOTED” from the posts above???????????
Please state the time and poster who said:
and I quote from YOUR post @ 11:30AM
“the idea ratner cares more about what’s good for Brooklyn than the opponents is sheer folly.”
– short answer=you will not be able to find such a post because no one said that (or ever made such a comparison – except you) – please save your silly ‘strawman’ arguments for someone slightly dumber than me
ENY, I say Ratner lost the war because he’ll never be able to do another deal like that one again. His reputation took a bit hit. Most people may not have known who he was, really, but they do now, and it’s not all positive. Next time, locals are going to be much more wary of who they are partnering with, or trusting.
And he lost a ton of money, time and credibility. In the long run, when a big project is planned, the developer’s ability to deliver somewhere near on time becomes a big part of whether or not said developer gets to do more projects. His time table is now off the charts completely.
If he had approached the project on the up and up in the first place, things would have been much different. He built projects in Brooklyn before without all the drama. He could have done so here.
Brooklyn Red – that link is one of many, search google – there is no question that DDDB brought the Unity plan to Extell and they then signed on (right before the time for bid submission.)and submitted a bid. (Its even stated that way on Dan Goldstein’s website.)
As to going forward and my view on potential environmental issues? I am confident that the myriad of rules, regulations, inspections and oversight that control are more than adequate so, no I do not have any special environmental concerns…they are going to be building apartments not power plants.
As to general government oversight of the project – sure it would be nice if our politicians (and community groups) tried to exert some leverage to make better use of the ‘fallow’ land until the rest of the project is complete (parking lots would be a disaster and against everything that should be built there) and to try to make the project as successful, mass-transit oriented, attractive and least disruptive as possible (getting office space here or on Flatbush corridor would also be an effective Governmental role)
But the problem is that the ‘No to everything’ people will abuse every lever available (such as litigation, regulatory process, etc) to KILL the whole thing (even though it is too late) so effective “review” is difficult.
It would be a tragedy if in 30years instead of a hole – my kids get Brendan Byrne arena surrounded by endless parking. But if the NIMBYs dont stop thats exactly where we are headed.
My reading comprehension is fine, fsrg. I quoted from the posts above.
And thanks again to MM for saying it like it was. The cynicism and racial manipulation of the Ratner group is astounding. And not in a good way.
Thank you for the link, fsrk , but the Times’ analysis of AY was never very impressive – often toady (look at Confessore’s happy acceptance of all of Ratner’s projections in July 2006). The “unity plan discussions” I remember were ones in late 2006 and sponsored in part by the Municipal Art Society and Livable Spaces – as part of an attempt to provide other-than-Rathner alternatives to the PACB hearing in December of that year – but it all was a done deal already.
However,I am curious..given where AY is right now (in terms of the build time/scope projections Ratner is making) – and absent our endless discussions about who did what when, do you have any concerns about accountability or environmental issues moving forward or see a role for any governmental review of a project the government so heavily subsidizes? Or are you suggesting no monitering, no review?