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August 27, 2008
Developers' Hazard: Legal Hardball
The New York Times
by David W. Dunlap
A recent dip into the archives of The New York Times unearthed an article on the effects of litigation on development in New York City, and interestingly, it features quotes from both Atlantic Yards (and then-Atlantic Center) developer Bruce Ratner and new Empire State Development Corporation CEO (and then-Boston development official) Marisa Lago.
Lawsuits are no longer last resorts. They are an integral part of the process. Litigation has altered the 42d Street redevelopment in Manhattan and the building of Atlantic Center in downtown Brooklyn; it has derailed other projects entirely, like Westway and Columbus Center, the previous proposal for the Coliseum site.
''It is almost impossible to finance a project when it's in litigation,'' said Bruce C. Ratner, president of Forest City Ratner Companies, which inherited Atlantic Center after the legal buffeting. ''Even if there's a remote chance that the plaintiffs will win, the banks are not going to lend the quantities of money required.''
NoLandGrab: Keep in mind that Bruce was saying this in 1996, when the economy was robust and the unforeseen global lending crisis was 11 years away.
There are cities, however, where land-use litigation is not commonplace. ''The ethos of suing on every project just hasn't occurred in Boston,'' said Marisa Lago, director of the Boston Redevelopment Authority and former general counsel of the New York Economic Development Corporation.
NLG: "Suing on every project" wouldn't be necessary if developers and economic-development officials would propose better-conceived projects, involve affected communities from the get-go, and eschew the use of eminent domain.
Posted by eric at August 27, 2008 3:24 PM