ESDC's response to court order shows Governor not yet willing to reform Atlantic Yards

The BrooklynSpeaks sponsors are disappointed that board of the Empire State Development Corporation has voted to adopt findings regarding the delayed Atlantic Yards build out that obfuscate the issues raised by the Master Development Agreement ESDC executed with Forest City Ratner, are dismissive of the greater impacts which will now be sustained by the communities surrounding the project, and totally ignore the time value loss on New Yorkers’ substantial investment in Atlantic Yards given the deferment of its public benefits for decades.

BrooklynSpeaks sponsors file for stay of construction at Atlantic Yards site

Contact: Jo Anne Simon – 917.685.3747; Gib Veconi – 917.881.0401

BROOKLYN, NY, November 29, 2010: On Wednesday, November 24, several BrooklynSpeaks sponsor organizations filed a motion with New York State Supreme Court seeking to halt construction activities at the Atlantic Yards site. The motion comes after a November 9 decision from Justice Marcy Friedman finding that the Empire State Development Corporation (ESDC) lacked a rational basis for assuming that Atlantic Yards project would be completed in ten years when the agency approved the project’s 2009 Modified General Project Plan (MGPP). Justice Friedman ordered the ESDC to reconsider the need for a supplemental environmental impact statement based on the schedule provisions of the Development Agreement between ESDC and Forest City Ratner Companies (FCRC). That Agreement was made public only after a January 2010 court hearing during which the ESDC misrepresented its ability under the Development Agreement to ensure Atlantic Yards would be completed within ten years.

Court says State failed to properly consider impacts of extended Atlantic Yards construction

Contact: Jo Anne Simon – 917.685.3747; Gib Veconi – 917.881.0401

BROOKLYN, NY, November 9, 2010: Today, New York State Supreme Court Justice Marcy Friedman found that the Empire State Development Corporation (ESDC) unreasonably failed to properly assess the impacts of twenty-five years of extended construction at the Atlantic Yards site in Brooklyn. Judge Friedman’s ruling was entered following a motion by BrooklynSpeaks petitioners to reargue an earlier decision by the Court in favor of ESDC and Forest City Ratner Companies (FCRC). The BrooklynSpeaks petitioners asked Judge Friedman to review the Development Agreements executed subsequent to the ESDC’s approval of the Modified General Project Plan but which were withheld from public disclosure until after oral argument on the petitioners' original motion.

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