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September 3, 2010

"Judicial Deference to Unaccountable Agencies, and Reality in the Flatbush Avenue Lane Closure"--or, what's missing in the ESDC response to NY1

Atlantic Yards Report

I have to admit, when I punched up the title of the law review article cited yesterday, "Urban Redevelopment Policy, Judicial Deference to Unaccountable Agencies, and Reality in Brooklyn’s Atlantic Yards Project," I wondered if readers would think it over the top.

After all, the Empire State Development Corporation (ESDC) is, on paper, at least somewhat accountable. And they do answer my questions--not in a very forthcoming way, but they answer.

But they're not accountable.

Consider how, as I've written, the ESDC and Forest City Ratner (FCR) announced in July that the Flatbush Avenue lane closure would be resolved by "early 2012," but three weeks later, FCR said it would be "summer 2012."

The ESDC couldn't explain why.

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Posted by eric at September 3, 2010 12:41 PM