Court of Appeals Will Hear AY Eminent Domain Case
The Atlantic Yards end game just got a whole lot more complicated. Despite claims on May 15 by Forest City Ratner CEO Bruce Ratner that the unanimous dismissal of the state eminent domain case in May “is really the last hurdle,” the state’s highest court, the Court of Appeals, has accepted (PDF) an appeal in…
What makes you think the Gehry design was world class? He has done world class buildings- they weren’t coming to AY.Comparing Westway- which would have been a huge plus- to AY is like comparing zebras and bears.
AY was not going to rectify anything environmental, and would have, in fact increased pollution, put much more strain on area resources and infrastructure, while not providing the promised public spaces. And the affordable hosing? Maybe in 15+ years, if ever. And probably not on-site. I really hate repeating this, because pro-AYers seem to never get it- people do want development there. But they want a good plan, well thought out and intelligently planned. That was not AY as presented.
I’m with you FortGreenCorey. And to backup your point, I suggest all those folks who are cheering the end of AY head over to the Village and take a walk along the Hudson River. That is, take a walk along the narrow strip of green alongside six lanes of noisy highway full of polluting, smelly cars and trucks and imagine what might have been: Westway, a buried highway covered by acres upon acres of park. It was blocked by a small group of tireless, determined NIMBYs who spent years arguing that the current state of affairs would be better for the environment, and finally won on a technicality. And then take a trip up to Boston, to the buried Central Artery, for what Westway could have brought our city. I have resigned myself to the realization that NYC will never have any of the world-class architecture, any of the major new developments that grace other cities, and Brooklyn especially, where people hate the likes of Gehry but revere the incredibly boring Williamsburg bank building as an iconic tower (now converted to luxury housing, and I didn’t hear anyone on this board concerned about affordable housing protest that one). I for one am incredibly sad that we will be stuck with a hole in the ground for decades.
I also object to people shrieking NIMBY because of opposition to this project. Corey, havelc- that may be your take on the whole issue- you aren’t looking at all the issues. Kelo does not guarantee that any developer can go and claim eminent domain and take private property. It sets a precedent but developers still have to contend with state eminent domain laws- and therein lies either saving grace or thorn in the side, depending on your point of view. Obviously the Court of Appeals did not like what it read in prior court decisions, which is why the appeal was accepted. That should tell you something.
And yes- no matter what project, there is always someone who will not want it- but most of them will not be so misbegotten as this one. It would be nice if pro-AYers could drop the frantic name-calling and insults, and actually LISTEN to the objections. Had Ratner tried to work with the community and people who protested,DDDB, he would have generated far more positive press and far less aggravation.
I think that the only thing we can ALL agree on is that one way or the other this whole mess will be resolved by 12/31/09
An unusual amount of love for DDDB here today! It would be nice if some money followed that love. I will be writing a check for $50 today myself. Just saying.
My block association is a member of DDDB, and while you have a point, FtGreeneCorey, that there will always be haters, the haters could not have built themselves such a relatively broad constituency had Forest City not conspired to ride roughshod over our reasonable complaints. The only other topic my block association has rallied around has been our annual block party.
I certainly hope this project is abandoned. I’m disappointed there will be a hole in the ground for many years but pleased that the inevitable hole in the public’s pocket (that site does need a lot of remediation for any new construction) will be smaller. It might even yield some real public benefit.
Let’s at least stop with this foolish claim that everyone who is opposed to AY is a NIMBY (or NIMBYer or whatever we have decided to call them).
I don’t live anywhere near AY and whether it is constructed or not will not impact my neighborhood, but there are plenty of people including myself who don’t live in the area but still think that if a developer is going to get a cut rate deal to develop a piece of property owned by a city or state agency, he or she should deliver on the promises they made to get the sweetheart deal in the first place. In this case, that includes delivering on affordable housing. If the project is not going to deliver on its promises, then clearly the city or the MTA should be receiving some piece of the profits as compensation.
At this point, you really have to ask what dark lord the DDDB people have a connection to such that they can continue to lose on the same grounds and continue to get new court dates.
if Forest City walks, it won’t be developed for many years, can’t be sold….
Court of Appeals is taking to get it over with and confirm the law, they aren’t a trial court
no one else will step up at this point
no FCRC, nothing will happen for many many years no one else has the will or capability other than maybe Silverstein Properties
Not to be the dark cloud, but this is a total pyrrhic victory. Kelo v. New London still allows FCR and Brooklyn the right to eminent domain for private development. Which, again, is why FCR has won every single challenge to AY.
The Appellate Division of the State Supreme Court, unanimously rejected the eminent domain challenge. Sadly (for some on this board) we are still a nation of laws and Kelo v. New London means Ratner can build.
I can’t wait to see what f*cking architectural downgrade we get now.