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April 2, 2009

Qualms about AY from IBO and FCE’s new warnings of potential setbacks cited in appeal of case that called for new hearing

Atlantic Yards Report

A lawsuit filed against the Empire State Development Corporation (ESDC) by residents in two buildings in the Atlantic Yards footprint may gain new life, should a state court consider an Independent Budget Office representative’s statement questioning the benefits from the current version of the project, as well as a financial document filed by Forest City Enterprises admitting new potential setbacks.

George Locker, who represents residents of two buildings in the Atlantic Yards footprint, today will file a motion to enlarge the record for his planned appeal of a case, dismissed last September, which argued that the ESDC was violating a provision of state law that requires disposition of properties within a decade and should hold another hearing because the project has changed considerably.
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The appellants are eight rent-stabilized tenants living at 624 Pacific Street and 473 Dean Street. Originally, there were 13 plaintiffs, but five have settled with the developer and moved away--a sign, as with the purchase of a building on Dean Street, that not everyone’s willing to wait out an uncertain situation.
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“No one knows what Atlantic Yards-2009 has become,” the motion states. “Consequently, no one knows the public benefit of the project, and no one, particularly ESDC, knows or can know whether proceeding with the exercise of eminent domain is lawful and appropriate, given the drastically reduced, or non-existent, benefit to the public and the high risk of non-completion and default.”

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Posted by eric at April 2, 2009 8:45 AM