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August 5, 2008
FOREST CITY RATNER STATEMENT ON MOST RECENT EMINENT DOMAIN LAW SUIT FILED BY OPPONENTS OF ATLANTIC YARDS PROJECT IN BROOKLYN
August 4, 2008 - Brooklyn, NY - Bruce Bender, the executive vice president for government and community affairs at Forest City Ratner Companies, the developer of the Atlantic Yards project in Brooklyn, issued the following statement today in response to inquiries regarding the most recent lawsuit brought by opponents of the project:
“The courts have repeatedly upheld the public benefits of the Atlantic Yards project,” Mr. Bender said, explaining that the project will create thousands of needed jobs and affordable homes. “As expected, opponents have filed another law suit opposing the State’s right to use eminent domain. We’re fully confident that the courts will once again agree that this project is in the public’s interest.”
Earlier this summer, the United States Supreme Court declined to review a decision by the United States Court of Appeals for the Second Circuit, which unanimously affirmed the District Court's decision in a case brought by opponents of the Atlantic Yards project. The District Court had previously decided against the plaintiffs in the case citing the numerous public benefits generated by the project.
Background on Atlantic Yards:
Construction on the Site
* Construction work on Atlantic Yards began in February of 2007. FCRC expects to open the Barclays Center in the 2010 calendar year.
* To date, roughly 57% of the structures on the site have been demolished or are in the process of being demolished. 31 structures have been demolished and an additional 4 buildings are being demolished or are slated to be demolished in the short term. There are 11 vacant lots and 29 other remaining structures.
* Minority- and women-owned businesses have received a large percentage of the work. Construction contracts awarded at Atlantic Yards total approximately $44.5 million. The total MBE awards are $17.9 million or approximately 40.2% of total purchases. The total WBE awards are $2.9 million or approximately 6.5% which brings the total M/WBE participation thus far to $20.8 million or approximately 46.7%.
Additionally, 37.5% of the 21 contracts awarded to MWBE firms have gone to Brooklyn based firms.
* Construction of the Temporary Rail Yard is under way. The Carlton Ave Bridge is in the process of being demolished and critical upgrades to the 100 year old sewer and water infrastructure have begun.
Legal Update * June 23, 2008. The United States Supreme Court declines to review a decision by the United States Court of Appeals for the Second Circuit. * February 1, 2008. US Court of Appeals, the Second Circuit, unanimously rejects the opponents’ appeal in the federal eminent domain lawsuit that was dismissed in June, 2007. * January 15, 2008. The Appellate Division of the New York State Supreme Court unanimously dismisses a challenge to the project approvals under Section 207 of the Eminent Domain Procedure Law in November 2007. Opponents’ request for an appeal was denied in January, 2008. * January 11, 2008. NY State Supreme Court rules against opponents in a case on environmental review procedures. Opponents are appealing the case. * October 2007. A second suit brought in the NY State Supreme Court challenging the State's use of eminent domain was dismissed in May 2007, and the dismissal was affirmed by the Appellate Division in October 2007.
Posted by lumi at August 5, 2008 4:14 AM