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January 16, 2008


Nets All Access Online


Bruce Bender, executive vice president of government and public affairs at Forest City Ratner Companies, issued the following statement in regard to today’s New York State Appellate Division’s decision to deny a motion for an appeal brought by project opponents over the State’s use of eminent domain.

“This is the second time in less than a week that the courts have decided in favor of the Atlantic Yards project," said Bruce Bender. “This latest court victory is not a surprise because for the last four years we have made every effort to work closely with community organizations and leaders, and with state and city agencies. This is an exciting time as we are even closer to making Atlantic Yards and its thousands of jobs, affordable housing units and professional sports team a reality for Brooklyn.”


NoLandGrab: This in-your-face press release is rather light on details. Seriously, we had to reduce the logo to fit the NoLandGrab format.

The Real Deal, State court rejects Atlantic Yards appeal

The local real estate trade publication ran news from this release, again without explaining what case or court the decision was made. The following comment posted on Real Deal provides some actual details:

...the case the cout just refused to hear is this: By state law the ESDC and Ratner must provide a particular kind of relocation plan for rent-stabilized tenants they force out by eminent domain. The ESDC and Ratner are not providing that state-mandated relocation plan. Sure, they have some BS relocation plan that will do NOTHING for the tenants they are shoving out. Bruce Bender can celebrate the rapid whittling away of tenant's rights because he is safe in his million dollar park slope home.

In other words, this decision to not hear the appeal applied to the TENANTS' eminent domain case, which is a separate case from FEDERAL case, Goldstein v. Pataki. Reporter Eliot Brown, who recently moved from The NY Sun to The NY Observer sets the record straight:

The Real Estate Observer, Yet Another Atlantic Yards Appeal Dismissed

Tenant attorney George Locker, who lost a case in November related to eminent domain and tenants in the project's footprint, saw his appeal dismissed today, according to developer Forest City Ratner.

The major remaining suit in the eyes of critics is the federal suit brought to challenge the use of eminent domain, currently being considered by a three-judge panel at the appellate level.

Brooklyn Daily Eagle, Second Atlantic Yards Case Fails Within Week

After having the lawsuit that challenged the environmental impact statement dismissed on Friday, residents living in the footprint of the massive 22-acre project have failed to move yet another court to consider their appeal. The New York State Supreme Court Appellate Division-Second Department denied the plaintiffs’ motion to appeal, after it had dismissed their eminent-domain lawsuit in November.

While Forest City Ratner and city officials celebrate victory after victory in court, the legal battles have yet to end.

Posted by lumi at January 16, 2008 10:17 PM