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]
The thing that I can get a sense of is what exactly this case means. So the case has been remanded to ESDC for additional “findings”. From ESDC’s perspective, what’s the rush….they can take 6 months, 9 months, a year or two to come up with their “findings”. I did not see anything in the ruling that established some sort of time frame for next steps. (Unless I’m missing something) for DDDB, this is a “victory” that doesn’t really mean anything. The arena (and most likely the other buildings in “phase 1” will get built. The only thing this seems to guarantee is that there will be more lawsuits in the future.
Also, it also appears that ultimately, ESDC will win, because, even in chiding ESDC, the judge points out that it is not the role of the judiciary to make policy, but rather to provide scrutiny…in other words, the courts can criticize but they will ultimately have to defer to the administrative agency.
If DDDB wants to fight for a better design on the building, go for it. But to keep up legal battles when you know the stadium is going to be built is a serious waste of time and money. We are getting this hassle either way. Now the question is will it be a reasonably pleasant hassle to look at or not.
is there anyway this could translate into a return to the Frank Gehry design? as the answer is probably no, i still really resent the bait and switch, and wish Ratner the most amount of headaches possible, and hope he’s held accountable for any corners he tries to cut
But we all know that the hole in the ground is not and will never be permanent. Something is going to go there, like it or not. I’d love to have my direct 5th ave access to AC back, but I’d also like the winning mega millions numbers.
I’m w/ Noki. Sanitation, schools, traffic – all less of a hassle w/ a hole in the ground than w/ an arena.
What’s at issue is not whether it will get built, but whether the project will be done responsibly at this point.
I dunno Snaps. I think I actually prefer a hole in the ground to an arena. I honestly cannot imagine the traffic nightmares to come, to say nothing of the crowds, the litter, the change in feel etc. I avoid arena nabes like the plague. Just don’t like walking through them, and certainly don’t want to have to pass through them in a vehicle when games are being played.
It simply never belonged here. Terrible, greedy idea. And it has never been sufficiently vetted — no one has any idea how it will be possible to keep traffic moving and to keep this part of Brooklyn safe during games given traffic laws with regard to safeguarding against possible bombs and so on. Sigh. I sort of feel giddy any time there is any kind of teensy victory against this project and this asshole.
I think the biggest issue was always it’s location and the sweetheart deal for the land. But it’s a done deal. No sense crying about it anymore. What’s done is done. And if any of the DDDB folks think they stand a snowball’s chance in hell of getting the project canceled and the streetscape restored to what it was before, I know of a great therapist you can see about your delusions.
I had never heard of it before I started reading brownstoner in late 2007 after I moved to brooklyn. I still don’t really care one way or another.