New Lawsuit Filed Against ESDC Over AY Timeline
The Times reports that a lawsuit was filed in State Supreme Court on Wednesday alleging that the Empire State Development Corporation’s agreement with Forest City Ratner that gives the developer 12 years to complete Phase 1 of Atlantic Yards violates eminent domain laws. The suit was brought on behalf of 13 tenants in the Atlantic…
The Times reports that a lawsuit was filed in State Supreme Court on Wednesday alleging that the Empire State Development Corporation’s agreement with Forest City Ratner that gives the developer 12 years to complete Phase 1 of Atlantic Yards violates eminent domain laws. The suit was brought on behalf of 13 tenants in the Atlantic Yards footprint who stand to be evicted via eminent domain and it makes the case that the 12-year time frame violates state eminent domain laws requiring that seized property be offered back to its former owner if it’s not markedly improved within a decade. Phase 1 of Atlantic Yards is supposed to result in the construction of the Nets arena, office space, and some housing, while Phase 2 is slated to include most of its 6,000+ apartments, including the bulk of the 2,250 affordable units FCR has promised. When you spend hundreds of millions of dollars in public money on something you know the developer is never in a position to deliver, said the tenants’ lawyer, and government bodies take votes and appropriate hundreds of millions of dollars of taxpayer money, which is in short supply, based on the promise of affordable housing and jobs, and it’s not going to be built in the statutory 10 years, it’s really a fraud on the public. The ESDC declined to comment on the lawsuit. Atlantic Yards Report points out, however, that when the ESDC approved the mega-project, it was supposed to take 10 years to build.
Delays in $4 Billion Development Challenged in Tenants’ Lawsuit [NY Times]
ESDC’s Long Leash on Phase 1 Provokes Lawsuit From Tenants [AY Report]
It is a done deal…that is to say, it ain’t neva getting done.
HA.
So tiresd of this site Brownstoner hows the flea business?
The house and the ugly Atlantic “Terminal” shopping building that houses Pathmark.
We need a Quincy Market (as tired as it is)…in fact, the way Quincy Market was when it opened in the 70’s…or a Reading Station!…that would be a great addition!
The house and the ugly Atlantic “Terminal” shopping building that houses Pathmark.
We need a Quincy Market (as tired as it is) or a Reading Station!
once this AY BS is all over someone’s gonna have to put some resources towards eminent domaining Ratner’s house.
must we curse? I mean really!
Let’s see, for the last 2 years posters having been saying that Brownstone Brooklyn will be ruined by AY. Now, based on a rumor all the posts say it will be ruined if AY doesn’t happen? My guess is that there is little substance behind the rumor which I’m sure was started by Ratner so that he can scare Markowitz + Bloomberg etc. into giving his project even more subsidies.
Yo What, your buddy Adam’s been askin for ya. I think he wants to talk to you, I can’t imagine why.
This lawsuit sounds very interesting. Eminent Domain has gotten a lot of resistance since the Kelo decision. Governments would love to confiscate property for economic development, but they don’t want so much fuss. Atlantic Yards is bringing a lot of attention to eminent domain, and the state would probably rather lose this fight and keep their ability to confiscate private property.
This lawsuit might give the ESDC an out- a way to bow out gracefully.
Defenders of eminent domain always say that it will only be used “as a last resort,” they legally they are required to show strict adherence to the procedures. This suit shows that it’s a much sloppier process than ED defenders would like to admit. It’s also nice to see that property owners are beginning to use the arcane laws against government cronies.