By Charles F. Otey, Esq.
Legal observers are drawing comparisons between the huge battle back over the Verrazano Narrows Bridge construction in the 1950s and the current effort of developer Bruce Ratnerâs huge Atlantic Yards, which would bring the NBA Nets to downtown Brooklyn.
Lawyers and the courts have been the main tools of Develop Donât Destroy Brooklyn (DDDB), a very effective local resistance group. Scores of laws are on the books today that didnât exist 50 years ago when âMaster Builder Robert Mosesâ used eminent domain to destroy 2,000 dwellings (mostly one- and two-family homes) and displace over 10,000 people to make way for the bridgeâs mammoth approaches.
Laws enacted since that time enabled DDDB leaders to litigate and delay. They have s forced Ratner to limit the initial over-reaching project. In fact, if it hadnât been for a recent favorable Court of Appeals Decision approving the condemnation of a handful of buildings in Ratnerâs way, the Atlantic Yards may have been doomed. The Nets would probably have stayed in New Jersey.
The DDDB people promise to carry on. And they should. Yet, in this troubled economy leaders such as Mayor Mike Bloomberg and Borough Marty President Markowitz have reiterated their support for the Atlantic Yards, which will bring thousands of jobs and hundreds of millions of dollars in construction.
And this is where any parallels between DDDB and the âSave Bay Ridge Committeeâ that opposed Moses in the 1950s must fail. Greater Bay Ridge â also identified as southwest Brooklyn â lost almost 15 per cent of its largely residential territory with construction of bridge approaches. In exchange, the remaining residents received only a massive polluting series of highways!
In sharp contrast, Downtown Brooklyn will see a healthier economy. Housing and business there will dramatically improve.
This is not to say that Ratner and his plans are valid and final. Solid and sensible opposition remains such as that voiced by Assemblyman Jim Brennan, who correctly complained to one newspaper that the Empire State Development Corporation, the overseeing agency. âhas handed over to Forest City Ratner control of 22 acres of Brooklyn, no strings attached.â
Unlike the emperor-like authority granted to Robert Moses more than half a century ago, there are a myriad of legal and regulatory hurdles Forest City Ratner must yet deal with. If Ratnerâs opponents are truly interested in developing Brooklyn, theyâll switch gears and direct their considerable energy and talent to making sure the final project serves the boroughâs best interests.
Inn To âTreatâ Members
With Holiday Party
President Helene Blank this week invited Kings County Inn of Court members to the Innâs Holiday Celebration set for Monday, Dec. 14 at 6 p.m.
Since membership is important, President Blank noted that members will be admitted to a delicious repast at no charge when they gather at Ennino & Michael Restaurant at 539 LaGuardia Pl.
The Inn just completed its final 2009 CLE legal presentation on âExpert Witnessesâ with a quality panel headed by Justice Gloria Cohen Aronin and highly skilled defense attorney Rosario Marquis DâApice, aided and abetted by the brilliant and always witty Larry DiGiovanna.
Other Inn officers assisting President Blank this year are President-elect Justice Gerard Rosenberg, Counselor DâApice, Treasurer Marc Dittenhoefer and Secretary Justice Ellen Spodek. Immediate past president is Justice Neil Jon Firetog. President Emeritus is former Justice Edward Rappaport.
Inn Executive Director Jeff Feldman is working on the Holiday Party with Inn Administrator Marie Lattanzi, secretary to Justice Rosenberg, who points out that there while members will be hosted at no cost to them, there will be a charge for âguestsâ of members. Reservations should be made by contacting her at (347) 296-1513.
Inn Masters include former Kings Administrative Justice Abraham Gerges, Justice Gloria Cohen Aronin, Appellate Division Justice Cheryl Chambers, Civil Administrative Justice Sylvia Hinds-Radix, Criminal Administrative Justice Barry Kamins, Justice Marsha Steinhardt (a former president), Justice Arthur Schack, Steve Finkelstein, Dave Chidekel, Mark Longo, Steve Goolnick, retired Appellate Division Justice Gabe Krausman and Harvey Weitz.
Timely Public Forum
A âBargainâ for Debtors
Since this is the season when too many of us traditionally spend more money than we have â and we are still in a severe economic recession â barristers in all areas of practice are getting requests for advice from clients, friends and family on how to handle âdebt.â
Thatâs why thereâs particular value available when âvarious perspectives on consumer debt issuesâ will be reviewed by a panel of experts at the 123 Remsen St. headquarters of the Brooklyn Bar Association on Dec. 14.
Sidney Cherubin, the supervising attorney for the Brooklyn Volunteer Lawyers Project, says the program starts promptly at 6 p.m., Dec. 14 at BBA headquarters, 123 Remsen St. On the value-packed agenda are the following::
âWhat you need to know about consumer debt law and the decision to hire an attorneyâ by attorney Jeffrey Benjamin.
âWhat to expect when you represent yourself in a consumer debt action ... How to defend yourself in a consumer debt actionâ by Steven Grant.
âInterplay between bankruptcy and consumer debt issuesâ by David Doyaga, a past BBA president.
This is a team effort by the BBA, the BBA Foundation and the BBA Volunteer Lawyers Project. Reservations can be made through BBA Executive Director Avery Eli Okin at (718) 624 0675 or aokin@brooklynbar.org.
Will Salahis Profit
From Flight to âRealityâ?
Ever try to sneak into the subway by walking through the emergency gate or leaping the turnstiles? Probably not, because to do so one would risk arrest for âtheft of services.â A âdesk appearance ticketâ or even a court arraignment and a fine could result. Citizens risk all of this for just a couple of bucks.
Many an otherwise ârespectableâ and late-running commuter has, when their âswipedâ card fails and they may be late for a court calendar call, attempted to get through quickly without paying. This is not because they had the intent to steal, but because they were motivated primarily by a desire to carry out their other responsibilities.
T.A. cops, however, arenât sympathetic and theyâve arrested lawyers as well as students who have simply forgotten to bring their school transit passes.
Having said all this. what should be done about would-be television reality stars Michaele and Tareq Salahi? They clearly âstoleâ a valuable item â a ticket to the White House to schmooze and pose with President Barack Obama, Vice President Joe Biden and a host of other dignitaries. Equally certain is that they hope to collect millions of dollars on so-called ârealityâ television.
We have laws on the books that prevent trespassing felons from selling their stories. Isnât potentially endangering the president in order to make millions of dollars a felony? Hopefully this question will soon be answered in the affirmative. (Congressional hearings were scheduled for Thursday and, after the usual posturing, the panel will appropriately excoriate the wrongdoers!)
They did it for money and were immediately selling their gate-crashing stories to television producers who will buy just about anything from anybody if they think it will give them a âbumpâ in their ratings.
The Secret Service is admittedly embarrassed and so is the White House. Typical of his challenging first year in office, the president is seeing any possible positive coverage of his major âstate dinnerâ (with the leader of India) subverted to second lead-story status or worse on television because the Salahis wanted to turn a tidy profit at the governmentâs expense.
Felonious profit aside for the moment, if the Salahis arenât prosecuted, there will certainly be a flood of like-minded gate-crashers intent on selling their cupidity to yawning abyss of 24-hour television.
TV Commentator Ed Rollins, for a change, had it right, when he said, âThey basically trespassed. These people want a reality show, give them one. Itâs called the âDealing With the Federal Prosecution System.ââ
PRO BONO BARRISTER is a weekly column dedicated to telling about the good that lawyers do. Send your comments or suggestions to this writer care of this newspaper or to COTEYESQ@aol.com.
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