DDD Threatening Years of Lawsuits

July 27, 2005, NY Post — A neighborhood group opposing developer Bruce Ratner’s plan to build an NBA arena in Downtown Brooklyn warned the MTA yesterday it could face years of litigation if the agency hands over development rights of land needed for the $3.5 billion project. Jeffrey Baker, a lawyer for Develop Don’t Destroy Brooklyn, said in a letter to MTA Chairman Peter Kalikow that the agency shouldn’t let Ratner build on the 8.3-acre Long Island Rail Road yard at Atlantic and Flatbush avenues.

Baker said the developer would be “hard-pressed” to obtain other land needed for his project because Ratner is relying on the state’s eminent-domain powers to take it from homeowners. Baker said the homeowners in the Prospect Heights neighborhood do not want to sell and that the developer doesn’t have legal grounds to take the land through condemnation because property values are “escalating” and the area is not “blighted.” Group members said they would strongly consider suing the state’s Empire State Development Corp., the MTA and Ratner if a move is made to take their land through condemnation.

The letter to Kalikow comes as board members of the Metropolitan Transportation Authority could decide as early as today who gets to build over the rail yard. Whether the decision is made today or put off, Ratner is still considered a heavy favorite over rival bidder Extell Development.

Arena Foes Readying Lawsuits [NY Post]