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. We are in the middle of a crippling recession with spiraling unemployment. Im sure on some level the powers that be (Bloomberg, Paterson, Albany) have decided that the best (and quickest) way to stimulate some job growth is through large scale constuction projects like Atlantic Yards. Against that backdrop, even with the myriad of pending lawsuits, the courts will likely show great deference to the wishes of the ESDC. It may take donkey’s years, but (with the clearance of this major court hurdle) Atlantic Yards will happen.

  2. Grumpy- absolutely! And then when you expand you could hire me and give me health care. And pay into a pension plan for me. And give me free cat food for my animals. And a metrocard 🙂

    Bob- agree!

  3. Too bad, that ugly piece of s**t may very well be built. One consolation may be that with just the arena, and no other buildings likely to be built, Ratner and FCR are likely to loose a lot of money, even with the vast amount of corporate welfare they’ve been granted. That would serve them right. It’s small comfort though, because we’ll be stuck with the useless arena.

  4. I’m well aware the C train stops about a block away on Fulton Street. The NBA’s salary structure means that players can always make more staying with their present team, as long as that team wants them. Exposure is about TV and internet. A full arena makes a nice backdrop for the TV programming, but from an individual player’s perspective, it doesn’t matter.

    There’s a perfectly good arena in Newark, right on top of NJ Transit, Path, and the Newark City Subway. Those taxpayers already got swindled on that deal, so they may as well make the best of it by having two teams play there.

    40% of the metro region’s population lives west of the Hudson River. If not for the taxpayer subsidies Ratner is getting, this would not be a wise business move for the Nets.

  5. Before everyone condemns Goldstein and DDDB as “losers” you should notice that there is still nothing in AY. all the public funding going to an arena? What a waste. What was that old saying? Fiddling while Rome burns?

  6. >>”Big name players making in excess of $10 million a year are anxious to give up their Escalades and ride the C train to their home games?”

    Um no, genius (and interesting that you single out the C as it’s one of the few trains that isn’t at Atlantic/Pacific) … but more fans will come given better access to millions of people. More fans => more money & exposure => more appeal to players.

    If you don’t believe more folks will come to the Barclays Center than an arena in the middle of the Jersey swamp, you’re seriously delusional.

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