yards-112409.jpgThe New York State Court of Appeals has just ruled in favor of the ESDC in the closely-watched eminent domain lawsuit brought by property owners in the footprint of its proposed Atlantic Yards project. According to Atlantic Yards Report, “In a decision (PDF) that gives the crucial–but perhaps not final–boost to the Atlantic Yards project, the state’s highest court, the Court of Appeals, approved the use of eminent domain by a 6-1 margin, saying that it’s not the role of the courts to intervene in agency decisions, given the wide latitude in state law.” The ruling means that Ratner may proceed with the sale of tax-exempt bonds to finance the sports arena that is scheduled to be the first stage of the gigantic development. The construction of both affordable and market-rate housing is supposed to begin with months of the arena, but as The New York Times points out this morning, “with so many new apartments sitting vacant, analysts say it could be many years before demand will justify building so many units in one neighborhood.”
Atlantic Yards Project in Brooklyn Clears Legal Hurdle [NY Times]
Court of Appeals upholds AY eminent domain 6-1 [AY Report]
Photo by Tracy Collins


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  1. johnny:

    can’t belive i am saying this being a sports fan, but…i would settle for a real newspaper again.

    if the populace were regularly informed by reasoned analysis goldstein et al would have more of the public behind them.

  2. Johny;

    All I can say is this: if you ask any old-time Brooklynite (like my dad)about the effects of the Dodgers moving away, they will tell you that it was devastating to the borough (along with the folding of the Brooklyn Eagle). It confirmed to many people, throughout the US, their growing perception that Brooklyn was washed-up, a place to flee, a place for only those with no other options.

    Conversely, I see the return of a pro sports team as a confirmation that Brooklyn is once again a desirable place to live.

    You might scoff at the notion that a pro-sports team is necessary to confirm such a renaissance, and I personally agree. However, that is present-day reality.

  3. Public-private partnerships???

    We give billions to Ratner to receive by FCR’s own admission , almost nothing in return. That’s not partnership. That’s crime.

    We’re paying several times what the Nets are worth to rent them for a few years. This sound like a good “partnership” to anyone? Have nothing against the Nets. But I don’t understand why I’m renting them for many times what they’re worth to buy.

  4. I’m hoping that this case will prove to be a watershed event, signaling the start of a new era in NYC.

    Since the demise of the Robert Moses era, we have overdosed on Jane Jacobs, imho. Inordinate attention was given to the texture of specific neighborhoods, while in the meantime we lost our ability to think big, to think of the city as a whole. Excluding the third water tunnel (which was done out of necessity) the last grand project in this town was the Verrazano bridge, which opened somewhere around 1964.

    I am hoping that we can now find a balance between the two. Moreover, given that governments at all levels are reaching their fiscal limits (and huge liabilities like medicare for the baby boomers loom on the horizon), public-private partnerships such as AY are the only way to move ahead.

    I think we’ve also come full circle in another way. One of the reasons that O’Malley took the Dodgers to LA is that the city refused his request to put a stadium on the site of the LIRR station. Well, here we are. Brooklyn will be getting a pro sports team, on the very site that O’Malley requested. Ironic.

  5. TV and internet are merely the conduits for exposure. The volume of TV play and internet traffic is directly correlated to the size of the fan base, which is correlated to attendance. Do the Memphis Grizzlies or Minnesota Timberwolves get the same media exposure as the Lakers, Celtics or Knicks (even though the Knicks absolutely suck!)?? You know the answer.

    If you don’t think the Brooklyn Nets will have a bigger fan base and generally be a more marketable proposition than the NJ Nets, fine, but I think most reasonable folks will disagree.

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