September 30, 2006
DDDB attorney cites failure to plan, evasion of law, misrepresentation of Coney option
Atlantic Yards Report
The criticisms of the Atlantic Yards Draft Environmental Impact Statement (DEIS) keep piling on, as some of the harshest responses were filed just before the deadline yesterday set by the Empire State Development Corporation (ESDC).
Develop Don't Destroy Brooklyn (DDDB) lawyer Jeffrey Baker, a veteran of state land use tussles, said that government entities failed to plan for the site. Also, he charged, the agency misdescribed the project under the law, ignored key evidence about the potential for an arena in Coney Island, conducted a flimsy blight study, and proceeded in a biased manner.
Failure to plan
Baker's charges set the stage for a challenge to the exercise of eminent domain, since the U.S. Supreme Court's decision last year in the Kelo case suggests that eminent domain to support redevelopment can pass muster only if if derives from a democratically arrived at plan.
Posted by amy at September 30, 2006 11:29 AM