Atlantic Yards Project in Brooklyn Clears Legal Hurdle
The New York Times is reporting that the final legal challenge to the Atlantic Yards project has been defeated. Here is the story:
The last major obstacle to a groundbreaking for the $4.9 billion Atlantic Yards development in Brooklyn fell Tuesday when New York’s highest court, the Court of Appeals, dismissed a challenge to the state’s use of eminent domain on behalf of the developer, Bruce C. Ratner.
Mr. Ratner, whose 22-acre development has been delayed for three years by a flurry of lawsuits, the collapse of the credit and real estate markets and a glut of luxury housing, plans to begin selling tax-free bonds next month to finance the development’s cornerstone project: an 18,000-seat basketball arena for the New Jersey Nets at the intersection of Flatbush and Atlantic Avenues near downtown.
The Court of Appeals ruled that the state could exercise eminent domain in seizing the 22 acres, much of which sits within an urban redevelopment area, for Atlantic Yards. Critics of the project had argued that eminent domain on behalf of a private developer was improper and a violation of the state’s Constitution.
“Once again the courts have made it clear that this project represents a significant public benefit for the people of Brooklyn and the entire city,” Mr. Ratner said. “Our commitment to the entire project is as strong today as when we started six years ago. Today, however, this project is even more important given the need for jobs and economic development.”
The developer expects that construction of the arena will take about 28 months, enabling the Nets to move from East Rutherford, N.J., to Brooklyn about June 2012.
Those opposed to the project said that the decision, while a setback, was hardly the end of the fight.
“The fight against the Atlantic Yards project is far from over,” said Daniel Goldstein, a spokesman for Develop Don’t Destroy Brooklyn, a community group that opposes the project. “The community has four outstanding lawsuits against the project and, meanwhile, the arena bond financing clock ticks louder and louder for Ratner. While this is a terrible day for taxpaying homeowners in New York, this is not the end of our fight to keep the government from stealing our homes and businesses.”
If construction begins in the coming weeks as expected, Atlantic Yards will stand out in a city where 530 different construction projects are stalled, sitting lifeless and without adequate financing in virtually every neighborhood.
Atlantic Yards would transform a busy intersection of two major thoroughfares dominated by a deep railroad cut where Long Island Rail Road trains are cleaned between rush periods. The billion-dollar arena would be the most expensive in the country and home to Brooklyn’s first major league ball club since the Dodgers baseball team left after the 1957 season. Plans also call for 16 high-rise towers on the adjacent blocks, mostly residential buildings with as many as 6,430 apartments.
Still, Mr. Ratner and state officials, who support his project, have to contend with at least three other lawsuits, an uncertain real estate market and a lack of construction financing. The developer has said that he will start the first residential building six months after beginning the arena. But with so many new apartments sitting vacant, analysts say it could be many years before demand would justify building so many units in one neighborhood.
The arena would be built on an 8.5-acre railyard and on adjacent property. Some of the owners of the property oppose the project, and brought the initial eminent domain lawsuit. On Monday, Mr. Ratner, chief executive of Forest City Ratner, turned over a $50 million temporary yard, just to the east of the original, to the Long Island Rail Road. Also on Tuesday,, a state-sponsored local development corporation approved issuing a combination of tax exempt and taxable bonds to finance construction of the arena.
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Atlas Shrugs in Brooklyn 
It is embarrassing that our constitution doesn’t protect homeowners from powerful wealthy developers. If you want to develop Brooklyn, I’m all for it, but do it on your own property; not mine.
We need a constitutional amendment protecting homeowners from what seems to be nothing more than a few rich people with a lot of influence.
rumor has it bob capano is eyeing county chair. very disenfrachised with direction of party
I didn’t hear that. You trying to start something, “right winger”?
i heard the same thing
go bob, i got ur back
If this is Jonathan Judge, I find that odd being that Bob Capano has had nothing to do with the Brooklyn YR’s for over a year.
This is the real Jonathan Judge speaking. Firstly, I did not post this comment. Someone else has decided to have a few laughs at my expense, I guess, by pretending to be me and commenting as “jon judge”. However, I didn’t make that comment at all, nor is that comment reflective of my thinking on the subject because we already have a Chairman, and we all need to work out our differences to move forward. However, we must also fix the glaring dysfunction in the internal operations of the party and we must put an end to the childish feudalism that kills our competitiveness and integrity among the electorate.
Secondly, Russell, why would you get short with “me” like that on this blog, of all blogs? You could have simply disavowed Bob’s desire to become the Chairman. You also could have emailed me to ask me what “jon judge” was talking about. I have considered you and treated you as a friend and a colleague, so I truly don’t appreciate the tone that you took with what you assumed to be me, or, truthfully, anyone else on this blog for that matter. If anything’s up, you should just give me a call or email me in the future.
I knew something smelt fishy about the whole Capano thing…
Bob is loyal. Get a life.
http://www.nydailynews.com/opinions/2009/11/26/2009-11-26_quinns_numbers_are_up.html
Instead of sniping about Bob, we could have had him to make a difference.
Hustle you know Bob? How can you say that, Gallo is a man of decency.
why judge Capano on his campaign manager he wasn’t on the ballot. Judge him on the issues, shouldnt we be thankful Gallo served his country not besmierge him or Bob for his community service.
Thanks gangasta, but these people are irrelavant. If they actually know me then they should be ashamed of themselves. Either way- they are cowards.
The few of you that are here truly for the party- reach out and contact me. Anyone that knows me or the people I surround myself with know that we are good people and outstanding Republicans.
All the polls on here have about 20 unique votes. That means that it is probably the same few people under different names leaving responses. Pathetic.
Reach out to a man that threatens fellow Republicans and can’t even represent his candidate 24/7 during a major local political race? I don’t think so.
You’ve disgraced yourself by your adherence to the establishment and to that loser Craig Eaton, who has divided the party.
You’re desperate for relevance, Russell, but you just can’t ever BE relevant. Your failures and your continued indignant conduct demonstrate you cannot be trusted or relied upon.
Go sink back into that rat hole you crawled out of and stop castigating people who possess far greater talent and dream bigger than you ever could ever hope to.
Hey tough guy, I work full time, do you? I didn’t accept any money from any campaigns that I have worked on. Where were you?
Before any of you ask the question “how do you know which campaign I worked on?”, consider this:
I worked on several campaigns. Not one of which had more than a handful of volunteers. So if you did work for one- I would know it.
In conclusion, I think the rat hole you mentioned is quite full- come on out, use your real name, HELP A CANDIDATE, or stop attacking those of that are true activists.
PS- Im not “gangasta”. I don’t need a pseudonym. I have no fear or regrets for standing up for what and who I believe in. Don’t preach about “the party” and democracy when you have done nothing for either.
Happy Thanksgiving though.
Such charming comments. Thuggish. Brutish. Low class. Everything a Brooklyn GOP establishment punk needs. Vile.
Well said and keep up the fight, I stand with you.
John Galt published a topic that is important to everyone living in Brooklyn (not just downtown) because this can happen to any of us if we don’t stand up fir our rights. But somewhere the conversation (with the exception of Young Republican) became one of group A vs group B. That happens a lot on this sight, great topics to discuss become name calling and abuse. It time to talk these issues and use them against the real establishment (the Democrats that are ruining/running the State and Federal Goverments) not each other. And as far as Russell threatening fellow Republicans, I thinks botj sides of the issue seem to do that on this blog. So to get to my point not all topics should lead to what’s wrong with the Brooklyn GOP but should lead to discussion on how the subject effect everyone on this blog (whether we agree with each other or not), and difference of opinion does not require name calling. A Young Republican said if he got involved he would become a thorn in peoples side. My response is that athorn in the side is not a problem if handled correctly but when handled wrong is just a pian. Food for thought.
Besides being too lazy to spell words correctly, your comment essentially amounts to word salad–and non-reformist word salad at that.
You would have everyone on this blog distracted from the deep and pernicious problems plaguing our party at the local level and return us all to the days where no one stepped out of line to avoid the Gestapo-like management of the Brooklyn GOP leadership. Over the past two years, district leaders have been cut down, hard-working Republicans have been alienated and/or cut off, and those with new ideas are seen as threats to the moronic fools that theoretically steer this sinking ship of a party. As such, your “food for thought” is something Shruggers would obviously choke on.
It’s a good thing you were crushed in your “race” for borough president. Next time, run for dog catcher. It suits you slightly better.
This is exactly my point. What do a few typos have to do with my point? I didn’t say people weren’t allowed to state opinion but why does it have to become personal? I did not attack anyone or “take sides” I stated an opinion and the response is I can’t spell and should run for dog catcher. What does that have to do with what I said. Its nice that a Republican is happy another Republican got “crushed”. The party is not perfect and needs changes but not the way you are going about (not all of Atlas Shrugs but people like Lucius). If someone does not agree with you they need to be attacked. My point was not every post on Atlas Shrugs has to do with Craig Eaton or the “establishment”. But maybe Russell Gallo is right. Its easy to be the way you are because a “ghost” has no accountability. I will run again it will not be for dog catcher and we’ll see who steps up to help.
Actually, I think it matters if candidates for public office can spell.
As for your continued and unintelligible comments, allow me to reiterate the fact that you conveniently ignored.
You previously said: “It time to talk these issues and use them against the real establishment (the Democrats that are ruining/running the State and Federal Goverments) not each other.” (spelling mistakes are yours, not mine)
Yes, we all must discuss the important issues facing our borough, city, state, and nation. But we cannot ignore the various vile and vitriolic conduct FIRST DEMONSTRATED by the establishment figures, whose actions first precipitated the response of individuals such as those who created this blog and those who now comment on this blog.
Your attempts to gloss over this conduct are pathetic, and seeing you sympathize with the low class comments of this Mr. Gallo on the blog says everything that needs to be said. It’s a shame you both are willing to shame yourself for party leaders who have and will do nothing for you. Sad. Very Sad.
PLEASE GO DON’T RUN AGAIN LOL
Run away and run out is more like it.
Well, Well, Well…
Marc finally crawled out of Craig’s ass to get some fresh air.
Too bad his whole approach sucks.
That’s what happens when your brain turns to crap!
Lucius, don’t insult those hard-working dog-catchers.
He’s coming on here, misspelling his words, continuing to embarrass us beyond his utter failure earlier this month.
What happened to civil discourse? I love you guys. I really do. Shruggers have kept me informed and have opened my eyes in several ways. This posting was supposed to be about Atlantic Yards and then it got personal. Shouldn’t we be bringing up the items that relate to this issue? What about the connections with Ratner, Acorn and Golden? Let’s get back on track and discuss the issue as pertains to this particular posting.
Please let’s be civil. Geesh!
I believe it was Mr. Gallo who started his statements with the phrase: “Get a life.” It’s been downhill since then. His thuggish and inappropriate comments have merited a serious examination of both his and other establishment figures’ conduct and attitudes on this blog and elsewhere. This inquiry may not be new, but it must be RENEWED given Mr. Gallo’s and Mr. D’Ottavio’s stunning remarks, which promote more discord and questions than resolve issues.
It’s true, the Atlantic Yards is important.
Nevertheless, the conduct of this party’s local leadership and the arrogance of those operating at the top is breathtaking. They are not going to stop unless the good guys stand up and say loudly and clearly with one voice: we’re mad as hell, and we’re not gonna take it anymore.
My apologies to the good people viewing this blog looking for a different tone, but I did not ask for the establishment to behave in such an atrocious manner. They did that on their own.
They must be held to account.
Good point! What is Marty’s involvement in all of this? What’s his position on the Atlantic Yards?
Wow! What the hell is going on here? Is Lucius happy that Markowitz is president? Or maybe he’d rather another republican ran against Markowitz? Did he do anything do get the republican he wanted to win our party’s nomination? The point of organizing as a party is so we can debate and promote different candidates, and come to a consensus, and go into the election as a united party supporting one candidate.
I may have rather seen another republican run for Brooklyn President, but I voted for Marc because he was our party’s nominee. I wasn’t about to run, and no other republican ran for that office, so be a sport and vote for the ticket. If we are not going to respect the process then what’s the point of this party?
The current Chairman of the Republican party never has and never will respect the “process”. He rules in tyranny and by terror. He is a little despot that is the laughing stock in New York political circles.
Marc was not nominated, but rather anointed by his master, with the blessings of subservient district leaders.
Marc is a joke and will never be known as more that Eaton’s patsy.
Young Republican is very idealistic to suggest that Lucius do anything to get the Republican he wanted to win the Party’s nomination to run against Markowitz.
That was a pact created months ago in yet another effort of the Chairman to suppress our Party and keep good people out.
Anyone who wanted could have collected the signatures needed to get on the ballot, and force a primary for our party’s nomination. You don’t need to go through the party leadership to do that. You can download the necessary petition from the internet, get some friends and supporters to collect signatures, and hand it in personally to BOE, and Eaton can’t do a thing about it. Did anyone do that?
Young Republican you are very naive. The system as you describe it does not work. The party will give you challenges up the yin-yang, and make sure the powers that be are in line with them.
This is Tammany Hall politics we are dealing with-not democracy.
Young republican these are the same commentators instead of focusing there aim at the most winnable council seat in the city, used there fingers to sit on them, and attack one of the best candidates we had run for anything in a long time.
I wonder if this page is run by a Dem secretly using this to divide the Republican base in the places in Brooklyn where we actually can win.
Should we expect more of the same from the commentators on this site when we have a very winnable congressional seat, assembly seat, all within our reach, and keeping our State Senator.
Where are the articles of corruption on our local Democrats? I brought up an article just on Thanksgiving that highlighted this, I can find many more, but that doesn’t seem to be welcomed or mentioned here.
I’ll await for personal attacks, and comments on my grammar in the impending moments.
Gangasta, someone with your name should realize how this works. If you got a selfish fifth column in your gang stealing the goods for themselves, the rest of the gang has to make sure they’re sleepin with the fishes if the organization is going to function, capisce? In this case, its the handful of losers in the establishment who are the parasites feeding off of the carcass of the entire Brooklyn Republican Party.
We can attack the Democrats all day long, but we have to face facts. Not all, but too many of the Republican candidates we have been putting up in Brooklyn for the past several years SUCK. They are inexperienced, painfully uneducated about the issues, have no record of doing anything for the community or building our party, have no charm or personality, and some dont even bother to campaign at all! Most of them would do a worse job of running government than the Democrat, and as a Republican thats very hard to admit. Sure we dont want Democratic policies, but we have not offered anyone a credible reason to support the Republican over the Democrat. Every election is like watching Amateur Hour at the Apollo, except most of the Republican candidates are getting the hook off the stage, and rightfully so. He may be a Democrat, but Marty’s not a bad Borough President; he’s enormously popular and does a lot of good for Brooklyn that many Brooklynites like. So the party bigwigs, acknowledging this fact, put up the least qualified, least experienced, least capable person up there as the “sacrificial lamb” to run against him. How humiliating for every Republican in Brooklyn! And dont say Im talking up a Democrat; blame the nitwits in the party leadership who never bothered to aspire to produce a candidate that could ever hope to compete against Marty.
The problem is and continues to be the incompetence and corruption of the leadership. They dont try to make the Brooklyn Republican Party more attractive to voters and potential serious candidates, they dont look for qualified candidates, the Duke or the Prince’s only qualification is writing a fat check to the party or the Prince’s campaign fund. Even if you are a good candidate worth supporting, you can and probably will get screwed over because you become a threat. The Democrats may have the longest record of running political hacks for office, but the Republicans in Brooklyn are doing their best to catch up. They don’t reach out to anyone outside of Bay Ridge, and even when they do, its a token act at best. Because they dont, they cant win Bay Ridge for anything now.
So when people are critical of truly substandard candidates that the party is running, don’t use the cop out that they must be Democrats. Nice try, loser. Something tells me you might have had something to do with the candidates they picked. No self-respecting Republican or any voter with half a brain is going to tow the party line for people who dont warrant it. We are the party of substance, true progress, and reform. If we are supposed to support candidates who represent the antithesis of all that anyway, then we are all in the wrong party.
Excellent points Young Republican and Jake! Craig Eaton, a former CB10 Chairman, would have been a far better choice to run for Borough President, his failure to be a half-decent Republican Party Chairman notwithstanding. Why didn’t he run? Viviana Hernandez, a former member of a community board, would have been knowledgeable and experienced about land use. Yvette Velazquez Bennett, a CERT team leader in Windsor Terrace, has also been involved in community board and other local government entities. Obviously Bob Capano’s best shot at winning was in the 43rd Council District, but even he, having formerly worked for Markowitz, would have had the experience and knowledge to compete effectively with Markowitz for the position. Even Senator Golden could have run for the position, having far greater name recognition borough wide than these other options and he would have significant government experience at the City level as a former Council Member. There were probably even more options out there, so why did they choose Marc D’Ottavio?
Was there a deal with the Democrats not to give Markowitz a serious challenge? Is that part of the deal to save Senator Golden from yet another competitive election for State Senate in 2010? Did someone’s relative get a job out of it? Are one of our party leaders BFF’s with Markowitz and so they did him a favor? One has to constantly wonder whether these decisions are made honestly or if someone is getting something out of it.
Pat Russo was a superior candidate to Capano by any stretch of the imagination. Gangsta.
Thanks for setting things straight Jake.
It is highly insulting that I was not chosen to run.
After all what would Craig and Marty do without me?
I am so pleased to know that at least I got something out all this.
Through my years of back-stabbing manipulation, jealousy, avarice and greed I was able to secure great positions for my friends and relatives.
I have achieved most favored status and no one is going to take that away from me now.
You boys better not get any ideas. I got the goods on all of you.
Clorinda is NOT to be trusted.
Jake, stop wondering if these are “honest” decisions, there has always been a deal for Marty.
The latest one was with Vinny so he would not give Marty a run for Senate. Capano was hung out to dry. Why do you think his campaign was such a flop.
Marty makes deals with all the guys. Look at Kruger, Felder, Abatte, Cymbrowitz, Markowitz, McMahon and many other prominent Democrats.
It always has and always will be about Marty.
When Marty goes, Eaton goes with him.
Cut the disease out at the source.
Replace Marty and watch the Republican party in Brooklyn grow
Tommy darling, Hernandez and Bennett are out of the party.
They voted against Bloomberg and the County got rid of them.
Capano was just a name on the ballot, no one really wanted him to win.
He is gone for good.
Marc is a good boy, who pays attention, does what he is told, and has no mind of his own. Little Marc will be kept around for awhile at least.
So if as in your words Jake if we are the party of progress, what progress is it supporting your boy Marty yeah he’s popular alright with the developers, special interests and non-profits that fund his coffers. That’s progress supporting another corrupt Democrat.
Yet here we complain about our only elected official, our chair who gave him several thousands of dollars, which helped him immensely use those funds to try to keep the State Senate in GOP hands. I don’t see any other chairs in the other boroughs doing that, but we don’t mention that here on this blog, that’s thuggish to do here.
We had one of the most winnable races in the city right here, with a great candidate and we could have won if it were people like you came out and helped him. It’s easy to sit back here in the comfort of your Mom’s basement bashing the Chair and Sen. Golden.
If anyone here didn’t like the candidates they could have ran or primaried them. If anyone here had something better to say than put your name on the ballot it don’t take much but to get a few of your boys here and get out of the basement, and pound the pavement.
It’s easy to complain about the problems at hand, but it’s another to be a leader and try to come up with a solution. That’s what Bob and Russell offered in his race and several others who at least gave us opposition to the Democrats.
You Jake and the New Jacks on this blog, are easy to criticize, and continue to alienate those who are leading to work and ready to serve. Show a little hustle and flow next time out, we got very winnable races coming up next time around.
Amen, my brother! I will make sure to tell every Republican living in teh 22nd Senate district that Gangasta from Atlas supports hearty Republican primaries. No more breaks for Carl Kruger, either. Let’s make sure a Republican does him in for good next year. I might even know a couple of overpaid, overweight consultants for whom this would be a wet dream come true!
So Gangasta
What winnable races are there “next time around”?
Marty getting re-elected because he runs unopposed?
Jake I see your a Dem in a sheep’s clothing, what Republicans you support by the way?
I haven’t heard one troll on this blog support any single Republican, so you would like the Democrats to have one party rule forever, that’s how important it is to have our State Senator.
Living in a fantasy world, and next time around we will have the 13th congressional, and the 60th assembly as two very winnable races that will decide how our communities will be govern. Which I am sure Jake will be working for the Democrats for on those races.
Jake you must have wet dreams about posting on this site. They let you stay up past your bed time.
Gangasta, you just named two races that are won or lost in Staten Island, never in Brooklyn. Allow me to channel the Duke on this very important issue regarding Staten Island: “I DON’T CARE!!!!!!!!! IT’S NOT MY FAULT!!!!!!!!!!!”
Putting those hybrid districts aside, the next winnable district, which you neglected to mention, that Brooklyn Republicans are talking about is the 49th Assembly District, which is just in Brooklyn. Don’t forget that one, especially because it effects the 22nd Senate district, the 13th Congressional district, and the 27th Senate District. Seems like that’s going to be the race to watch for BROOKLYN Republicans.
(P.S. Anyone think its funny how like none of these comments are about Atlantic Yards? lol)
Jake I will actually concede it is funny we aren’t talking about Atlantic Yards.
However, I disagree, in the congressional and in the 60th we have seen before the Brooklyn side decides who is won or lost. 30% of the district can swing a narrow race, and we saw that in the past.
I think the 23rd senate Jake also will be competitive another split district, but we have a shot to get votes there.
Hopefully we can see you pounding the pavement for all our seats, as I will be.
Hypothetically, maybe. But give me an instance where a Republican won in Staten Island but lost the election because they lost in Brooklyn? Give me an instance with historical vote totals where that scenario could be true hypothetically? From my understanding, the candidate has to be able to win Staten Island, regardless of which way Brooklyn goes, or else you end up like Xanthakis or Straniere.
Didn’t Xanthakis though win Staten Island and lose Brooklyn.
OK, you’re right, just barely by about 400 votes. Your scenario works if the race is close in Staten Island. There are still more votes to be had in Staten Island than Brooklyn. The candidates combined receive about as many votes in Brooklyn as one candidate receives in Staten Island. Brooklyn could win the seat for the Republican if and only if it’s a dead heat in Staten Island. The problem is that Bay Ridge keeps getting more Democratic, and the Republican barely wins if not barely loses Staten Island. Either the Republican has to get more votes out in Staten Island, or somehow Republicans are going to have to completely transform the population of Bay Ridge to make up the vote difference. Either way, the Republican still has to win in Staten Island, and preferably by a lot more than the past two candidates. That’s the other problem with that seat. There’s no consistent candidate running for two or three times, so it’s like doing the same ground work each time. It’s going to be tough to get that seat back now after Hyer-Spencer’s been there for two terms, so we’ll have to see what happens.