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February 4, 2008

Whose "intricate schedule"? Opponents in environmental suit joust over delay

Atlantic Yards Report

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According to Forest City Ratner officials, the pending appeal of the dismissal of the lawsuit challenging the Atlantic Yards environmental review is delaying the planned completion of the arena.

The only problem is, last year they claimed that the "intricate schedule" of current work was aimed at completing the arena for the 2009-10 season. Even though no stay was granted last year on pre-construction demolition, they claim that an "intricate schedule" of work is aimed at completing the arena for some time in 2010.

But they don't explain why or whether any alteration in their own schedule has caused delays. Nor do they explain why exactly the lawsuit has to be cleared for bond financing to be arranged; a lawyer for the petitioners contends that such risk should be priced into the bonds. (Presumably, responses will emerge in the final round of legal papers.)

It's all part of legal jousting in which FCR officials have both opposed a stay--which hasn't been granted--and seek an expedited briefing schedule for the appeal so it can be heard by a state appellate court no later than May, rather than in the fall.

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Posted by lumi at February 4, 2008 5:13 AM