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August 14, 2008

In legal battle over AY environmental review, a realistic timetable is a casualty

Atlantic Yards Report

Norman Oder illustrates the contrast between the legal test and laugh test.

The gulf between what’s legal and what’s truthful is on display in the appellate briefs in the legal case challenging the Atlantic Yards environmental review. The Empire State Development Corporation (ESDC) and developer Forest City Ratner (FCR) have responded at length to a host of issues raised by the appellants, Develop Don’t Destroy and 25 other civic groups, who saw their case dismissed at the trial court level in January.

For now, however, I’d like to focus on whether or not it was legitimate for the ESDC to assume, when it approved the project in December 2006, that the arena would open in October 2009, that Phase 1 would be finished by 2010, and the entire project would be finished by 2016.

The answer, according to lawyers for the ESDC and FCR, is yes, given that there was a timetable that said it was possible to physically construct the project within that time. Whether that timetable was realistic is another story.

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Posted by lumi at August 14, 2008 5:04 AM