Yet Another Atlantic Yards Appeal Dismissed
Today brings another legal blow for Atlantic Yards opponents, this time a bit more minor than Friday’s dismissal of a lawsuit challenging the environmental review for the project.
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 suit’s dismissal would seem to lower the chances of success on any of the suits brought by Atlantic Yards critics, all of which are past the first judicial level (i.e. headed toward or past the appeals process).
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. Yesterday, plaintiffs Develop Don’t Destroy Brooklyn put out a release saying that one of the three judges had recused himself from the case, an act that came months after a hearing where he said he had received and responded to a promotional mailer from the developers.
Press release below:
FOREST CITY RATNER STATEMENT REGARDING SECOND COURT VICTORY IN LESS THAN A WEEK
(Brooklyn, NY) - January 16, 2008 – 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.”
This is the second court victory in a week for Atlantic Yards. On Friday the State Supreme Court rejected a lawsuit brought by opponents of Atlantic Yards challenging the public approvals of the project.
16 Park Avenue
"On the corner of Park Avenue & 35th Street, in the heart of Murray Hill... " More details |
|
try to get it right. the Locker clients are rent-stabilized tenants trying to protect their rights under state law. they are not "atlantic yards opponents." Meaning, they did not bring their case in order to block atlantic yards, but rather to preserve their rights and their ability to live in the city.
Bruce Bender. Yay! What a jerk. the case the court 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.
but the decision (and the case) were not about Bruce Benders Atlantic Yards project. the decision and the case are about the rights of ALL tenants under rent-stabilization laws. and the court just gave a big "who cares" to that population.
One of the truly disingenuous blog posts of all time. Here's a bulletin: YOU'VE LOST THE BATTLE, THE WAR. This should be a lesson for "community activists": when faced with a juggernaut that has near universal political approval, make some compromises instead of engaging in petty, childish and highly personal vilification of the developer, the media, anyone in the community who doesn't share your precise goals. When this is all over, there should be ample discussion of why the critics lost everything.
The arena portion of this project is far from inevitable. The developers want people to think that because of the size of the project, and the amount of political backing, the arena will be built witth no problem. the fact that they have to resort to these tactics says quite a bit about how much of a "slam dunk" it really is. FCR/ Nets can only sustain losses for a short time frame, before this misguided venture comes back to bite them on the backside. The Prudential Center in Newark is their only real option at this point, and they know it.