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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]


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  1. Too much energy is spent on AY-if you do not like the area in brooklyn then move-Thats life stop wining-there is going to be change in life and the enviroment-go to Austin if you want to live green or live in new york if you want your blood pressure to go up and down. stop the crying all

  2. The law says the property has to be “improved within a decade” and the contract gives them 12 years to complete the project. The judge will either rule that the decision is not ripe for a decision because the developer still has a number of years left to improve the property before his 10 years are up, or he’ll rule that the developer does not need to complete the project within the 10 year time frame, only improve it, and that therefore the contract does not violate the law. I wish them the best, but based on what’s written above, they’ll lose.

  3. I remember back in 2004 when they said that the arena would be done by fall of 2006, and I’m so glad it was completed on time. I’ve been attending each of those games, and they have been great! For a year and a half, I have been enjoying the athletic experience presented at the wonderful new building which was completed according to schedule! The splendor of the architecture combined with the economic benefit have boosted my sense of Brooklyn pride! I’m so glad this is a D-O-N-E-D-E-A-L and amazed that this was done with no public subsidies!

  4. awesome. But what are the chances they’ll win? None of the efforts have paid off yet, and it seems that a lot of people have their hands in this particular jar of cookies. Sounds very conspiratorial I know but it just doesn’t make sense otherwise.

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