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August 7, 2010
Atlantic Yards Friday Court Action
Atlantic Yards Report
Two different cases related to Atlantic Yards were heard together yesterday. Norman Oder was there and lets us know what transpired.
The Atlantic Yards Development Agreement "was intentionally withheld in bad faith."
"We now know [the ten-year project timetable] is complete, utter fantasy," declared petitioners' attorney Matthew Brinckerhoff .
Finally, in court yesterday, some serious charges were lodged about the essence of the Atlantic Yards project, part of the case challenging the Empire State Development Corporation's (ESDC) eminent domain Determination & Findings (D&F), based on the premise that the project had changed so much that the ESDC had to reassess its goals and value.
And previous court cases, limited to the record of Atlantic Yards as of 2006, were unable to examine the true nature of the project.
After a late start in state Supreme Court yesterday morning in Brooklyn--the two Atlantic Yards cases were set for 9:30 am, but state Supreme Court Justice Abraham Gerges didn’t arrive until 10:10--the case involving the easement held (and still claimed) by Peter Williams Enterprises (PWE) was heard.
And while the arguments mostly reprised those in the legal papers--that PWE had given up any claim to the light and air above 24 Sixth Avenue (the Spalding Building) when it sold its own property, 38 Sixth Avenue--there was a small twist, suggesting there might be something to PWE's claim.
The conclusion of this blog entry suggests that Judge Abe Gerges will broker a settlement.
Gerges said he wanted to get the parties together to perhaps work something out. They’re due back in court on Thursday, August 12 at noon.
Posted by steve at August 7, 2010 2:31 PM