By Raanan Geberer
Brooklyn Daily Eagle
PROSPECT HEIGHTS – In the words of Yogi Berra, it ain’t over until it’s over.
That sums up the attitude of members of Develop Don’t Destroy Brooklyn and other opponents of the Atlantic Yards project who held a press conference Tuesday in front of Freddy’s Bar here.
Daniel Goldstein, spokesman for DDDB and lead plaintiff in several lawsuits, and Matthew Brinckerhoff of Emery, Celli, Brinckerhoff & Abady, the group’s lead counsel, outlined a several-pronged strategy to fight the project in the wake of Tuesday’s 6-1 decision by the Court of Appeals.
They were joined by local residents and business owners, representatives of public officials and others.
Goldstein called upon Gov. David Paterson and, to a lesser extent, Mayor Michael Bloomberg to help “stop these takings [of plaintiffs’ property].” He invited the governor to visit the neighborhood to see that it is not a blighted area, as the state claims. Holding up a picture of the empty fields in New London, Conn., that were supposed to be developed after the Kelo vs. New London decision, he said, “Governor Paterson, do you want your legacy to be something like this?”
Asked how the governor could stop the process, Goldstein said, “The Public Authorities Control Board (PACB) still has to vote to fund this process, and they have to do it unanimously. And the members of the PACB are nominated by the governor.”
The Empire State Development Corp. (ESDC), the lead agency supporting Atlantic Yards, is also a state agency, Goldstein added, and “the governor could stop the process with one phone call.
“The court decision means that the state can do it, not that they have to do it,” he said.
On the legal front, Brinckerhoff explained that the group plans to file a lawsuit next week seeking to compel the ESDC to show how the Atlantic Yards plan as it exists Wednesday is a public benefit – the legal basis for the claim of eminent domain.
“We known that the arena, according to studies, would be a money-losing proposition; that the [Long Island Railroad] railyard that is being built is actually a downsizing from the current railyard; and the promised affordable housing is at least 10 years in the future.”
“The state is basing its decisions on the plan as it was declared in 2006, not the plans as they exist today [after numerous changes],” said Goldstein.
Brinckerhoff also pointed out that there are still four ongoing lawsuits against Atlantic Yards – three with DDDB as plaintiffs, and one with another group known as Brooklyn Speaks as the plaintiffs. Any one of them, he said, “could stop this development cold.”
Jim Vogel, a representative of state Sen. Velmanette Montgomery, said that unlike several others states, which have redefined eminent domain in the wake of Kelo vs. New London, New York State “will continue to enable the land-grab dreams of private developers.”
He added that the ESDC has authorized the sale of $600 million in tax-free bonds and $100 million in partially taxable bonds to finance the Barclays Arena (not the entire Atlantic Yards project), but the bonds haven’t been rated yet. “They have to be graded by an official bonds-rating agency, or no one’s going to be willing to buy them.”
A local resident and paralegal, David Sheets, who was a plaintiff in the eminent domain lawsuit that was ruled on Tuesday, said that every day, he and his fellow residents in the “footprint” have to come home to uncertainty about the fate of their homes. “This has lasted twice as long as the United States was involved in World War II. No one should have to live like this.”
A representative of Assemblyman Jim Brennan said, “The power of eminent domain is extraordinary and should only be authorized in limited circumstances where, unlike in this case, there is a clear and robust public benefit.”
Later, in response to a question, Brinckerhoff admitted that the state could start condemnation on properties in the “footprint” Wednesday, but the Court of Appeals ruling is “only the first step” in enabling the process. The second step is a series of legal maneuvers necessary whenever a property is condemned by the state; and it could take several months or even years before the next step – calling the sheriff – is reached. He pledged that he and his team would be there to help residents and business owners “every step of the way.”
Questions? Comments?
Sound off to the Editor
————————
© Brooklyn Daily Eagle 2009
All materials posted on BrooklynEagle.com are protected by United States copyright law.
Just a reminder, though -- It’s not considered polite to paste the entire story on your blog. Most blogs post a summary or the first paragraph,( 40 words) then post a link to the rest of the story. That helps increase click-throughs for everyone, and minimizes copyright issues. So please keep posting, but not the entire article. arturc at att.net
