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January 28, 2010
DDDB MEDIA ALERT — Tomorrow: Atlantic Yards Condemnation Proceeding Oral Argument
Property Owners and Leaseholders facing condemnation for Atlantic Yards project will seek dismissal of New York State's petition to take title of their properties for transfer to Forest City Ratner
Brooklyn, NY- At 9:30 a.m. on January 29, Brooklyn property owners and leaseholders will seek dismissal of the state's petition to condemn their homes and businesses in New York State Supreme Court in Kings County. The state is attempting to gain title to these private properties in order to transfer them to developer Forest City Ratner for its Atlantic Yards project.
Develop Don't Destroy Brooklyn continues to offer its full support to the property owners and leaseholders in their ongoing legal effort to defend their homes and businesses against Forest City Ratner's ill-conceived, politically corrupt project. Today, their attorney, Matthew Brinckerhoff, returned a motion to dismiss the state's petition, challenging both the substance of the petition and the procedure by which the Empire State Development Corporation is attempting to seize title to their properties, which, unfortunately for Forest City, continue to stand in the way of its taxpayer-subsidized basketball arena and its thousands of parking spaces.
The respondents' Motion to Dismiss and Verified Answer point out, among many defects in the ESDC's papers, that the ESDC seeks to condemn this property to support a plan long ago abandoned by the developer in favor of a much-altered project that the state freely admits - but not in front of a judge - could take 25 years to build. The papers also demand dismissal of the proceeding because the ESDC has failed to set forth the public benefits of the project, although it's expressly required by the law to do so.
DDDB and the property owners and leaseholders continue to hold out faith that the judicial system will finally expose the gross, irreparable flaws in the Atlantic Yards project, and in the governmental abuse of the public trust, and will refuse to grant Forest City Ratner the private property that it covets.
The Motion to Dismiss returned by Mr. Brinckerhoff is available for download at:
http://www.scribd.com/doc/26006140/Atlantic-Yards-Motion-to-Dismiss-Condemnation
The Verified Answer returned by Mr. Brinckerhoff is available for download at:
http://www.scribd.com/doc/25998255/Atlantic-Yards-Condemnation-Answer
WHAT:
Condemnation Hearing for Title Transfer of Private Properties Sought by Empire State Development Corporation and Forest City Ratner Companies for Atlantic Yards Project
WHEN:
Friday, January 29, 2010
9:30 a.m.
WHERE:
New York State Supreme Court, Kings County
320 Jay Street
IAS Part 74
Room 17.21
Brooklyn, New York
[Map]
WHO:
Attorney Matthew Brinckerhoff of Emery Celli Brinckerhoff & Abady, LLP, representing
Peter Williams Enterprises, Inc.; Pacific Carlton Development Corp.; Daniel Goldstein; and Chadderton's Bar & Grill, Inc., d/b/a Freddy's Bar & Backroom
Posted by eric at January 28, 2010 9:41 PM