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July 1, 2006
Appeal on disqualification of lawyer challenges ESDC business as usual
Atlantic Yards Report maps out the arguments concerning the appellate court's recent reversal of the state supreme court's conflict-of-interest ruling.
CONFLICT OF INTEREST?
APPELLATE COURT SAYS NO
On 5/30/06, the appellate court found that attorney David Paget's:
representation [of Forest City Ratner and the Empire State Development Corporation] was consecutive, not simultaneous (as Edmead had erroneously said); that ESDC and/or the developer had waived their rights as to potential conflicts of interest; and that any appearance of impropriety is insufficient and must be balanced against other factors.
LOWER COURT SAYS INTERESTS COULD CONFLICT
The appellate court ruling overlooked an important point that Justice Edmead made in the lower court ruling, which reveals a possible conflict of interest:
The oft bottom-line, profit-making pursuits of real estate development corporations may not necessarily align with the stated, valid environmental interests of the ESDC.
GROUPS CLAIM PUBLIC IS HARMED
Develop Don't Destroy Brooklyn's appeal, filed with 15 other community and public-interest groups (including NYPIRG) notes:
Where, as petitioners allege here, a government agency puts other interests ahead of its duty to serve the public interest, it is the public, not the agency, that is harmed.
SYSTEMIC PROBLEMS WITH THE LAW
Atlantic Yards Report points out that this case "raises questions about the ESDC's review process," and if heard by the State high court, "the court would have to address some fundamental problems with the law."
Posted by lumi at July 1, 2006 9:08 AM