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April 13, 2012

How the appellate court, in its way, backed up Lupica: "It was a hustle in broad daylight by Caring Bruce Ratner from the start"

Atlantic Yards Report

After the March 2010 Barclays Center groundbreaking, Daily News sports columnist Mike Lupica commented, "It was a hustle in broad daylight by Caring Bruce Ratner from the start."

The hustle wouldn't have worked without help from Ratner's partner in government, the Empire State Development Corporation, aka Empire State Development (ESD), which had recently completed a clever, devious move, withholding the Development Agreement for Atlantic Yards, thus obscuring the project timetable.

Now the ESD, courts have said definitively, chose expediency over candor, in order to get Atlantic Yards re-approved in 2009 and to enable that groundbreaking. However little the decision may change things on the ground, it's a moral victory and an important message about honest government and the lack thereof. That's news, though not everyone thinks so.

"But the reason why we think Forest City will go forward with this project, and we have every reason to believe so, is that we have a Development Agreement with Forest City that requires it to do so," agency attorney Philip Karmel said in court in January 2010, as detailed below. "I don't know what else ESDC can do."

Well, it could have released that document, which would have revealed how the developer had 12 years to build Phase 1 and 25 years for Phase 2, rather than incentives to get the whole thing done in a decade.

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Posted by eric at April 13, 2012 11:05 AM