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November 10, 2010

Despite official efforts to downplay news, Friedman decision represents severe rebuke to ESDC; why did several news outlets ignore it?

Atlantic Yards Report

At the Atlantic Yards arena groundbreaking in March, New York City Mayor Mike Bloomberg soothingly declared, "[N]obody's going to remember how long it took, they're only going to look and see that it was done."

The official line regarding yesterday's ruling by state Supreme Court Justice Marcy Friedman seems similar: "Nobody's going to remember how it got done, they're only going to look and see that it was done."

“Nothing was announced today that’s going to impact construction,” Jeff Linton, a spokesman for Forest City Enterprises, parent of Brooklyn developer Forest City Ratner, told Bloomberg Business Week.

An Empire State Development Corporation (ESDC) spokeswoman--who didn't respond to my queries--told the Brooklyn Paper that the agency was “reviewing today’s ruling, which does not enjoin construction taking place on the Atlantic Yards project.”

Why it's important

Well, it won't stop current construction, but it could impact future construction. And, despite the Brooklyn Paper headline (Yards foes win a big case that will not likely change a thing), the case will, at the very least, provoke the ESDC to issue more findings justifying its ten-year timetable.

That timetable is less and less defensible--and that could lead to additional lawsuits, possibly affecting Phase 2 of the project. The upshot: people can and will very much remember how it got done.

Also, despite attempts to downplay the ruling, it's news when a judge rebukes the ESDC for "what appears to be yet another failure of transparency" and "totally incomplete representations" in legal papers.

In other words, the agency in charge of economic development in the state behaves somewhat like a guy on Craigslist trying to rent you an apartment he doesn't quite own.

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Posted by eric at November 10, 2010 9:53 AM