Brooklyn Speaks to File Its First AY Lawsuit
After pursuing a non-adversarial stance for the entire history of the Atlantic Yards saga, Brooklyn Speaks, the coalition of neighborhood and civic groups, is set to announce a lawsuit challenging the ESDC’s approval of the Atlantic Yards Modified General Project Plan. From yesterday’s press release: The suit contends that the plan was approved without sufficient…
After pursuing a non-adversarial stance for the entire history of the Atlantic Yards saga, Brooklyn Speaks, the coalition of neighborhood and civic groups, is set to announce a lawsuit challenging the ESDC’s approval of the Atlantic Yards Modified General Project Plan. From yesterday’s press release:
The suit contends that the plan was approved without sufficient study of the impacts of its extended construction schedule and completion risks. It also alleges that the ESDC has illegally delegated to FCRC much of its governmental power to determine the future content and configuration of the Project. Groups and elected officials filing suit include the Atlantic Avenue LDC, the Brooklyn Heights Association, the Boerum Hill Association, the Fifth Avenue Committee, the Park Slope Civic Council, the Pratt Area Community Council, the Prospect Heights Neighborhood Development Council and State Senator Velmanette Montgomery, Assemblyman Jim Brennan and City Councilmember Letitia James. Attorney Albert K. Butzel of the Urban Environmental Law Center is representing the plaintiffs.
Atlantic Yards Reports notes that the lawyer for the coalition is Al Butzel of the Urban Environmental Law Center, the same guy who led the legal fight to block the Westway landfill project back in the 1970s.
New Lawsuit Challenging AY Approvalby BrooklynSpeaks [AY Report]
Photo by Tracy Collins from 2008 Rally
It’s funny that the wealthy who have lawyers on retainer and constantly prepared to sue anyone and those who have made millions by suing and/or the very threat to sue are quick to complain when the same tactic is used against them.
Yes it’s all a big travesty and a waste of lots of money but the fact is that this is the only way to even the playing field.
D-O-N-E-D-E-A-L!!!
Touche, Sparafucile!
“As an example of the blatant bullshit promulgated in the EIS, on a playoff game night Pacific Street is estimated to receive a maximum of an extra eighty cars above normal traffic volume. COME ON.”
I think the bullshit assumption here was that the Nets would be hosting a playoff game in any reasonably foreseeable future.
Architect66, thank you for your spot-on analysis.
There are always anti-development people, and anti-anti people who hate everything. But FCR handed these cranks the support of more mainstream folks (like me) by blatantly cirvumventing and making a mockery of the processes designed (however poorly) to encourage thoughtful development. As Architect66 pointed out, THAT is why they are facing endless litigation. By shutting the reasonable people out, they sent them (and their wallets) into the arms of the cranks.
As an example of the blatant bullshit promulgated in the EIS, on a playoff game night Pacific Street is estimated to receive a maximum of an extra eighty cars above normal traffic volume. COME ON.
spara- I agree with you on that, but the density issue is also huge.
“Environmental reviews might not matter in the decision-making process always, but in terms of carrying a valid study out and revising it when necessary (i.e. when a project changes), that can make or break a project.”
Exactly. They’re litigation protection, not a meaningful input into the decision-making process.
And I agree that this project would have been litigated no matter what, but that the project sponsor’s decision to skirt ULURP was a poor tactical decision, in that it just gave project opponents that much more ammo.
To me, the below-market sale of state land and abuse of eminent domain have always been the real issues here.
When your money’s being stolen you fight back. Oh, that and the massive congestion.
sparafucile- whether or not the studies change anyone’s minds, what should people have done? Say nothing? Do nothing. As it is, you can’t say litigation has no effect. If it didn’t, AY would have been a reality by now.