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November 19, 2009
BrooklynSpeaks Lawsuit: News Round-up
Atlantic Yards Report, BrooklynSpeaks, pushed into firm opposition, points in lawsuit to the failure of ESDC and FCR to talk, meet, or bend
The suit in many ways echoes the previous lawsuit filed by Develop Don't Destroy Brooklyn (DDDB) and allies aiming to annul the Empire State Development Corporation's (ESDC) approval of the Modified General Project Plan.
It charges that the ESDC should have conducted a Supplemental Environmental Impact Statement (SEIS), given the delay imposed by Forest City Ratner's renegotiated deal with the Metropolitan Transportation Authority.
Though the new suit adds some details and arguments, including the charge that ESDC illegally delegated to Forest City Ratner the discretion to determine the project timetable and the components included, the two cases likely will be consolidated.
ESDC response
The ESDC issued a statement:
Empire State Development Corporation will vigorously defend this action and we expect to prevail on the merits. It should be noted that this new lawsuit is similar to the lawsuit filed one month ago by Develop Don’t Destroy Brooklyn, in that the primary claim in both cases is that ESDC should have prepared a Supplemental Environmental Impact Statement. Repeating this claim, however, does not make it any more valid.
NoLandGrab: And claiming the nonsense below doesn't make it true, either.
ESDC carefully considered whether a Supplemental Environmental Impact Statement would be required. The conclusion of that analysis, which is set forth in a detailed Technical Memorandum, was that a Supplemental Environmental Impact Statement was not required. The additional claim asserted in the new lawsuit is devoid of merit. We do not expect that either lawsuit will delay the Project.
New rhetoric
But the rhetoric of the legal complaint, which charges that the ESDC has capitulated to a private developer, and the details in an accompanying affidavit suggest that the organization--once following a "mend-it-don't-end-it" strategy--has been pushed into firm opposition by the intransigence and lack of consideration from the ESDC and developer Forest City Ratner.
In other words, even though there's some longstanding tension between BrooklynSpeaks and DDDB, BrooklynSpeaks has come much closer to DDDB's stance.
Click through for some highlights from the affidavit.
Crain's NY Business, Yet another suit filed to block Atlantic Yards
As Forest City Ratner awaits a crucial court decision that could make or break its controversial Atlantic Yards development in Brooklyn, yet another lawsuit has been filed to try to block the project.
...In a statement, Bruce Bender, an executive vice president at Forest City Ratner, said that the company is on the verge of making Atlantic Yards a reality which will include jobs, affordable housing and a sports and entertainment arena.
“It should not surprise anyone that opponents who pledged to sue early and often are still suing. It is what they do,” he said.
NLG: Note to Bruce Bender — these are not the same opponents. But yes, unlike your company, we opponents are true to our word.
NY Post, NYC groups sue to block deal for Nets arena
The suit comes as the state Court of Appeals is soon expected to decide on separate litigation that says it would be unconstitutional for ESDC to seize private property for the project through eminent domain. Like his winless Nets, Ratner needs a victory here because he must break ground on the Prospect Heights arena by year’s end or risk losing critical tax-exempt financing.
NewJerseyNewsroom.com, New Jersey Nets' move to Brooklyn hits another snag
The Nets, with an 0-12 record, are having a tough time at home in New Jersey.
And things don't look too good regarding the prospects that they'll have a future home in New York City. The team is planning to relocate to Brooklyn, but legal issues have complicated the move.
...Brett Yormark, the team's chief executive, had said in an interview that if groundbreaking did not begin by December 31, 2009 the entire project will be cancelled.
AP via NorthJersey.com, NYC groups sue to block deal for Nets arena
The lawsuit was filed Thursday in Manhattan state Supreme Court. It seeks to block a Sept. 17 move by the Empire State Development Corp. to approve a delayed construction plan for the Atlantic Yards project.
NY1, Atlantic Yards Developer Adds New Lawsuit To List
"Democracy should not be done in silence and behind closed doors and without input from the community," said Brooklyn Councilwoman Letitia James.
Runnin' Scared, Yet Another Atlantic Yards Lawsuit!
It seems Bruce Ratner's Atlantic Yards boondoggle was getting another lawsuit just yesterday (it was in October, actually -- an appeal by local landholders whose property is being seized to make the big Brooklyn hole that was supposed to be a sports arena/shopping complex by now even bigger). Now state senator Velmanette Montgomery, assemblyman Jim Brennan, councilmember Letitia James, and a bunch of community groups will contend in court that the Atlantic Yards Modified General Project Plan wasn't properly reviewed by the Empire State Development Corporation, and that ESDC has in fact "illegally delegated to FCRC much of its governmental power to determine the future content and configuration of the project."
Brownstoner, Brooklyn Speaks to File Its First AY Lawsuit
After pursuing a non-adversarial stance for the entire history of the Atlantic Yards saga, Brooklyn Speaks, the coalition of neighborhood and civic groups, is set to announce a lawsuit challenging the ESDC’s approval of the Atlantic Yards Modified General Project Plan.
Posted by eric at November 19, 2009 6:07 PM