- Extell Development Co. Plan
- UNITY Community Dev. Plan
- Community Design Principles
- Agreements
- Contact Elected Officials
- Economic Analyses & Documents
   > IRS Bond Regulations
- Environmental Documents
- Legal Documents
   > Eminent Domain Lawsuit
   > EIS Lawsuit
   > MGPP Lawsuit
   > MTA Lawsuit
- Letitia James Remixed
- Letters
- Memoranda of Understanding
- News Articles/Commentary
- Position Papers
- Times Report
- White Papers
- MTA RFP & Appraisal
tel/fax: 718.362.4784

Please note our new postal address when sending contributions to the legal fund:
121 5th Avenue, PMB #150
Brooklyn, New York 11217
About DDDB
Our coalition consists of 21 community organizations and there are 51 community organizations formally aligned in opposition to the Ratner plan.

DDDB is a volunteer-run organization. We have over 5,000 subscribers to our email newsletter, and 7,000 petition signers. Over 800 volunteers have registered with DDDB to form our various teams, task-forces and committees and we have over 150 block captains. We have a 20 person volunteer legal team of local lawyers supplementing our retained attorneys.

We are funded entirely by individual donations from the community at large and through various fundraising events we and supporters have organized.

We have the financial support of well over 3,500 individual donors.

More about DDDB...
ARCHIVES: By Date| By Category| Text Search
"Why should people get to see plans? This isn't a public project."
Bruce Ratner in Crain's Nov. 8, 2009

Atlantic Yards Loses in Court. Court Slams ESDC and Orders New Project Review

For Immediate Release: April 12, 2012

VICTORY IN COURT FOR DDDB & COMMUNITY

Unanimous Appellate Court Decision Slams ESDC,
Forces NY State to Do Supplemental Review and
New Approval of Ratner's Atlantic Yards Project


Golden Opportunity for Governor Cuomo
To Fix the Atlantic Yards Debacle


BROOKLYN, New York—Develop Don't Destroy Brooklyn (DDDB), BrooklynSpeaks and all of their co-plaintiff community groups have won another victory in court over the Empire State Development Corporation (ESDC) and Forest City Ratner—their second in a row.

In a unanimous decision, the Appellate Division of the New York State Supreme Court today found that Justice Marcy Friedman correctly ruled in July 2011 that the ESDC's 2009 approval of Atlantic Yards' Modified General Project Plan violated State environmental law.

The decision upholds the lower court's order that the ESDC initiate a Supplemental Environmental Impact Statement (SEIS) and new approval process on Phase 2 of the Atlantic Yards project, which includes the bulk of the 22 acre project and the bulk of the non-arena portion of the demolished site.

A public hearing on the SEIS will be mandatory.

The SEIS process requires the ESDC, on behalf of developer Forest City Ratner to detail and analyze all of the environmental impacts of a 25 year construction project on the community. ESDC had failed to do this by misrepresenting the nature of the project and its construction timeline before the project received final approval and eminent domain sign off. The state clung to the laughable idea that the construction would take ten years.

According to the appellate decision the ESDC failed to analyze the possible situation "in which area residents must tolerate vacant lots, above-ground arena parking, and Phase II construction staging for decades."

"We are thrilled that the Appellate Division affirmed Justice Friedman's decision. This has proven our long standing contention that the project is too big for the area and could not be completed in the unrealistic timeframe claimed by Forest City Ratner and ESDC. Instead the community will be faced with literally decades of construction impacts and developer induced blight," said DDDB attorney Jeffrey S. Baker of Young/Sommer. "The next step is an SEIS that will consider not only the impacts of the delayed project but alternatives that will provide a reasonable development in an achievable timeframe. While past practices by ESDC do not give us much reason to hope, maybe this strong decision will teach ESDC that it must undertake an honest and transparent SEIS."

"The fact is that the project should never have been approved at all—it is entirely illegitimate," said DDDB's legal director Candace Carponter. "The tragedy here is, but for the blatant misrepresentations to the Court by Forest City Ratner and ESDC, it would been determined in 2010 that an SEIS was required and that would have stopped construction of Barclays Arena. ESDC's dishonesty has allowed that to go forward and the community is already feeling the adverse impacts that have long been forecast. We hope that ESDC will abandon its servile devotion to Forest City Ratner and start representing the citizens of this area."

"The ruling gives Governor Cuomo the opportunity and impetus to reconsider and change the course of the project, instead of continuing to allow roughly 14 acres of demolished properties to be held hostage by a developer who has no feasible plan or financial wherewithal to build the desperately needed affordable housing he promised," said DDDB's cofounder Daniel Goldstein. "Only the Governor has the power to fix the mess the ESDC and Ratner have created at Brooklyn's crossroads. This will be a real test of their leadership and independence."

Candace Carponter concluded, "It has now been proven, in and out of Court, that Bruce Ratner simply cannot and will not do the job he promised the public, his supporters and elected officials. It is time to end Ratner's control of the site and move towards a Unity Plan style solution: divide the non-arena portion of the site into multiple parcels so that multiple developers can build a project that responds to the community's needs and concerns and brings true benefits, rather than pie-in-the-sky promises made to be broken. "

The key section of today's ruling follows:
Pursuant to the MGPP [Modified General Project Plan], FCRC is required to acquire at the inception of the Project only the portion of the site needed for the construction of the arena. It has until 2030 to obtain all the property interests necessary for Phase II construction. Moreover, in a Development Agreement executed after the MGPP was approved by ESDC, FCRC was given until 2035 to substantially complete Phase II construction. The Development Agreement sets forth no specific commencement dates for the construction, other than for the construction of the platform on which 6 of the 11 Phase II buildings will be built, which is not required to be commenced until 2025, and the construction of one Phase II building on Block 1129, which is not required to be "initiated" until 2020.

However, in assessing the potential environmental impacts of the changes to the Project wrought by the MGPP, ESDC used a build date based on the same 10-year completion schedule for the Project as was used in the 2006 Plan, and determined that it was not required to prepare a SEIS before approving the MGPP.


Moreover, the Technical Analysis assumed that Phase II construction would not be stalled or deferred for years and that it would proceed continuously on a parcel-by-parcel basis. Thus, it failed to consider an alternative scenario in which years go by before any Phase II construction is commenced — a scenario in which area residents must tolerate vacant lots, above-ground arena parking, and Phase II construction staging for decades.

ESDC relies on mitigation measures adopted to address the impacts found in the FEIS in 2006. However, the Technical Analysis did not consider whether those measures were adequate in the case of a protracted period of construction.
We have considered respondents' remaining contentions and find them unavailing.

On his Atlantic Yards Report Norman Oder has more analysis and key excerpts from today's decision.

The back story to the long case history is here.



Posted: 4.12.12
DDDB.net en español.
Battle for Brooklyn
Screening Schedule

Battle Fore Brooklyn
Unity 4 Community Meeting, June 15th at 388 Atlantic Avenue

Develop Don't Destroy Brooklyn on Facebook

Click here
to order DDDB tshirts. They cost $20 and all funds go to our legal campaign, shirts come in black, red, gold and pink tanktops.

Eminent Domain Case
Goldstein et al v. ESDC
[All case files]

November 24, 2009
Court of Appeals
Ruling

[See ownership map]

EIS Lawsuit

DDDB et al v ESDC et al
Click for a summary of the lawsuit seeking to annul the review and approval the Atlantic Yards project.

Appeal briefs are here.

2/26/09
Appellate Divsion
Rules for ESDC
What would Atlantic Yards Look like?...
Photo Simulations
Before and After views from around the project footprint revealing the massive scale of the proposed luxury apartment and sports complex.

Click for
Screening Schedule
of
Isabel Hill's
"Atlantic Yards" documentary
Brooklyn Matters


Read a review
-----------------------
Atlantic Yards
would be
Instant
Gentrification
Click image to see why:


-No Land Grab.org

-Atlantic Yards Report
-Atlantic Yards Deathwatch
-The Footprint Gazette
-Brooklyn Matters
-Noticing New York
-NY Times "The Local" FG/CH
-Brooklyn Views
-Council of B'klyn N'hoods
-The Brooklyn Paper
-The Brooklyn Wire
-Atlantic Lots
-Who Walk in Brooklyn
-S. Oxford St. Block Assoc.
-City Limits City Blogs
-The Knickerblogger
-Anyplace, Brooklyn
-Bklyn Bridge Park Defense
-Bay Ridge Journal
-Clawback
-Picketing Henry Ford
-Castle Coalition Blog
-Dope on the Slope
-Gowanus Lounge
-Fans For Fair Play
-Views from the Bridge
-Old First Blog
-DailyHeights.com
-Brooklyn Footprints
-Freddys Bklyn Roundhouse
-Ctr for the Study of Bklyn
-Pardon Me for Asking
-Clinton Hill Blog
-Only The Blog Knows BK
-Brownstoner
-Sustainable Flatbush
-A Child Grows in Bklyn
-Williamsburg Warriors

-The Real Estate
-Rail Yards Blog (H. Yards)
-OnNYTurf-Atlantic Yards
-Manhattan User's Guide
-Naparstek
-Streets Blog
-Urban Place & Space
-New York Games
-Field of Schemes
-News 12 Brooklyn
-Queens Crap
-Dist.35 Comm'ity Gazette
-Save Our Parks (Bronx)
-Eminent Domain Watch
-NJ Eminent Domain Law
-PLANYC
-Big Cities Big Boxes
-www.DANDOCTOROFF.com
-Olympic Bloomdoggle
-TenantServices.com
-Tenant.net