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May 16, 2009
Appeals Court Dismisses Suit Against Atlantic Yards
The NY Times
By Charles V. Bagli
An hour after learning that a state appeals court had dismissed a major challenge to his long-delayed Atlantic Yards development project, the developer Bruce C. Ratner said he planned to break ground by October on an $800 million basketball arena for the New Jersey Nets in Brooklyn.
The 20,000-seat arena is only one piece of a proposed 22-acre development at the intersection of Flatbush and Atlantic Avenues that would include an office tower and more than 6,000 apartments, including as many as 2,250 for low- and middle-income families.
Given the anemic economy, the housing and the commercial building may have to wait for some time. But Mr. Ratner said he planned to complete the design for the arena, obtain final government approvals and issue the bonds for the project by fall.
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Opponents of Atlantic Yards vowed to continue their fight and expressed skepticism that Mr. Ratner would get the financing at a time when lenders are refusing to invest in real estate projects. The opposition has yet to win a lawsuit, but it has delayed the project for more than two years.
In its unanimous decision, the Appellate Division of State Supreme Court, Second Judicial Department, upheld a lower court ruling rejecting a challenge to the state’s use of eminent domain to obtain properties for the developer from owners unwilling to sell. “It cannot be said that the public benefits which the Atlantic Yards project is expected to yield are incidental or pretextual in comparison to the benefit that will be bestowed upon the project’s private developer,” the ruling said.
Candace Carponter, the legal director for one of the opponents, Develop Don’t Destroy Brooklyn, expressed disappointment but not defeat. “The benefits the original project allegedly offered were negligible, at best, and with the changed economy they are now nonexistent,” she said in a statement. “Despite this setback, our fight against the improper use of eminent domain and against the Atlantic Yards project is far from over. Forest City Ratner may claim again, like the boy who cried wolf, that they will break ground soon. But they won’t.”
NoLandGrab: The Times seems confused regarding where this case originates. This decision is not upholding a lower court ruling. This case originated with the court that issued the ruling.
Posted by steve at May 16, 2009 6:55 AM