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. Kudos to ENY for bringing some sensibility to this conversaton.

    Amazing how this issue can still generate so much commentary.

    But look, it’s all been said before, the DDDB folks and their allies LOST yet they still trot out the same old red herring arguments. Move on, folks. Quite why any of you would “giggle” a little bit at this non-news is beyond me. It doesn’t matter a bit, and I’m sure Ratner could care less at this point.

    As ENY said, Ratner clearly didn’t lose the war; the real losers here were the non-combatants. Good job DDDB!

  2. I really can’t imagine why anyone would wish for the original Gehry designs. They were a REAL mess of shit. While I was never in favor of the arena in this location, I find the new arena design more palatable than Gehry’s. (I said palatable, not beautiful.) The renewed, revamped, recreation center in Coney Island would have been the logical place to locate the Nets, especially since there are nearby highways and a very large totally renewed subway hub there. If and when the new project is completed, the Atlantic Avenue collection of stations will be incredibly crowded, probably as bad as the one at 72nd St and Broadway.

    I can understand wanting the whole in the ground filled, but face it, no matter what happens as a result of this ruling, we Brooklyn residents are going to be treated to acres of parking lot for at least a couple of more decades. I can’t say whether Extell could have built their project any more quickly, but they ARE a major builder. In the meantime, our cash-strapped MTA, which constantly bemoans their lack of money gave Ratner a hell of a good deal, much much less than that which Extell offers. Think of that the next time you complain about a subway fare hike. As to Bertha and the good reverand, I strongly suspect that they were not totally unwitting dupes and that some of Ratner’s money found its way into their pockets.

    Actually, the idea of a nice park on this site is really great. Lots of trees which would help to mitigate all the fumes from the nearby gridlock traffic — and a good spot to bury Ratner when he croaks … hopefully very soon. Hell, they could stick emperor bloomberg there also. In the meantime, I’ve found much much nicer places to shop in Brooklyn than Ratner’s crappy mall.

  3. “They got passed over like bologna at a gourmet salad bar.”

    C’mon, MM. Those groups showed up after the fact, and there is no way to guarantee they would bring a viable project to the table.

    3)To create a class and race war between poorer people, mostly minorities”

    That’s quite a stretch. I think Ratner wanted to build an arena surrounded by market-rate housing with as much “affordable” housing as he’d be required to build. Why? To make a lot of money, like any businessman. I don’t begrudge him that, and don’t think there was any nefarious plot involved. That’s just silly. WHATEVER he built would have been MORE “affordable” housing than would have occurred at that site through ordinary market forces.

    “a stubborn SOB like Goldstein”

    A agree on the second adjective.

    “The opposition may have lost the battle, but in the long run, Ratner lost the war.”

    How, exactly? He’s still going to build his project, he just won’t make as much money as he envisioned. How are you keeping score?

  4. Brooklyn Red – your recollection is wrong, the Extell bid was ‘created’ by DDDB as a tactic and Extell played along because Gary Barnett (extell) hates Bruce Ratner. It wwas a tactic, not a serious bid.
    I bet if you got Dan Goldstein high he’d readily admit to same.

  5. “MM- the Extell bid was a red herring introduced by DDDB – DDDB brought them in with their so called Unity plan, Extell had no ability or intention of completing that plan.”

    Sez you, fsrq. We’ll never know, as they never got a chance to show their stuff, whatsoever. The game was rigged from the beginning.

  6. fsrq – my recolledtion is that the Extell bid preceeded the Unity Plan – the latter always seemed to me to be more focused and energized by Pratt folks and other organizations than by DDDB, although DDDB was of course a part of it – at least, as a participant in many of the planning discussions, that was my observation.
    As so often, I think MM is spot on with her analysis –
    and while we are sadly stuck with the arena, as architect points out, the critical issue now is to look at the larger development plan – or be stuck with acres of parking lot for the next 25 years.
    (oh, and that “bologna at a gourmet salad bar” is stellar)

  7. Bxgrl -“Please. Say whatever you want about this project but the idea ratner cares more about what’s good for Brooklyn than the opponents is sheer folly. Take off those rose colored glasses.”

    I think you better take off your glasses too, because you are reading things that werent written anywhere.

    MM- the Extell bid was a red herring introduced by DDDB – DDDB brought them in with their so called Unity plan, Extell had no ability or intention of completing that plan. as for:

    “The opposition may have lost the battle, but in the long run, Ratner lost the war.”

    You are totally wrong – the war is over, and like most wars, the victor (Ratner) got less than he hoped and the biggest victims were the non-combatants (Brooklyn and NYC residents). Whats amazing to me is that despite the results being obvious to EVERYONE, these IMBY’s will continue to fight, when the only possible result is even worse outcome for the community they claim to represent.

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