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Court Date for hearing on
a preliminary injunction. Tuesday. February 14. 9:30 AM
Supreme Court of the State of New York, New York County. Hon. Justice Carol
Edmead |
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DDDB
et. al.
Appeal
on Conflict Case
Motion
for Leave to Appeal
Affirmation
of Jeffrey Baker |
Appellate
Division Decision Overturning
Edmead Trial Court |
ESDC
Appeal on Conflict Case
Opposition
to Appeal Motion
Affirmation
in Opposition to Appeal Motion |
| DDDB
et. al.
Article
78 Complaint
Attorney
Jeff Baker Affirmation
Memorandum
of Law
ESDC's
Declaration of Emergency authorizing demolition
Structural Engineer's
Affidavit
South
Brklyn Legal Services Intervention:
Intervention
Memorandum
Intervention
Motion
Amici Curiae (Friend of the Court Briefs):
Councilwoman
Letitia James Amici Brief
Councilwoman
Letitia James Affidavit
St.
Senator Velmanette Montgomery Aff.
US
Congressman Major Owens Affidavit
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Forest
City Ratner
Cross
Motion to Dismiss and Opposition
Memorandum
of Law
EVP, James Stuckey Affidavit
SVP,
Andrew Zlotnick Affidavit
SVP, Jane Marshall Affidavit
EVP, Robert Sanna Construction Dir. Affidavit
Melanie
Meyers Affidavit, FCR Attorney -Fried Frank Harris Shriver & Jacobson
LLP
B.
President Marty Markowitz Affidavit
US
Congressman Ed Towns Affidavit
State
Sen. Carl Andrews Affidavit
Assemblyman
Roger Green Affidavit
NYACORN
Ex. Dir. Bertha Lewis Affidavit
Reverend
Herbert Daughtry Affidavit
Opposition
to Amicus Brief
Exhibits:
A
B
C
D
E
F
G
H
I
J K L M
N
O
P
Q
R
S
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Empire
State Development Corp.
Cross
Motion to Dismiss and Opposition
Memorandum
of Law
*Rachel Shatz Affidavit (Dir. of Planning and Environmental Review for
ESDC)
Attorney
David Paget Affirmation
Attorney
Anita Laremont Affirmation
Exhibit
L-1 (9mb)
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APPEAL
PAPERS:
–Co-Plaintiffs
Brief on Appeal
-Co-Plaintiffs
Reply Brief
Amici Curiae (Friend of the Court Briefs):
-
Sierra Club and New York Public Interest Research Group (NYPIRG) Brief and
Sierra Club Affidavit (9mb)
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New York Public Interest Research Group (NYPIRG) and Sierra Club Brief and
NYPIRG Affidavit (8mb)
-Councilwoman
Letitia James, State Senator Velmantte Montgomery, Congressman Major Owens
AFFIDAVIT
-James,
Montgomery, Owens BRIEF
-Council
of Brooklyn Neighborhoods BRIEF
-CBN
AFFIDAVIT
-CBN
Reply
to ESDC Opposition to Amicus
Preliminary Injunction Papers:
–Jeff
Baker Affirmation in support of request for preliminary injunction (PI)
–Memorandum
of Law in support of request for PI
-Co-Plaintiffs'
reply affirmation requesting PI |
APPEAL
PAPERS:
Opposition
to DDDB's motion for preliminary injunction
Reply
Brief on demolition appeal |
APPEAL
PAPERS:
Motion
for Expidited Appeal
Attorney
Douglas Krause Affirmation
Memorandum
of Law
Brief
Reply
brief to demolition appeal
Amici Curiae (Friend of the Court Briefs):
Memo
in Opposition to Proposed Amicus Curaie Briefs (CBN, James, Montgomery,
Owens)
Response
to NYPIRG's proposed Amicus Brief (4.6mb) |
| **
Photo of two residential
buildings FCR wants to demolish: http://www.dddb.net/php/reading/legal/461_463dean.php |
| ***
Photo of one commercial building
FCR wants to demolish: http://www.dddb.net/php/reading/legal/585dean.php |
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Develop Don't Destroy Brooklyn, et al., Petitioners-Respondents-Appellants,
v.
Empire State Development Corporation, Respondent-Appellant-Respondent,
Forest City Ratner Companies, Respondent-Respondent. Council of Brooklyn
Neighborhoods, New York City Councilwoman Letitia James, New York State
Senator Velmanette Montgomery, U.S. Representative Major R. Owens, and
New York Public Interest Research Group, Amici Curiae.
Cross appeals from an order of the Supreme Court, New York County (Carol
Edmead, J.), entered February 15, 2006, which, inter alia, granted respondents'
motion to dismiss certain parts of the petition, and granted the petition
to the extent of disqualifying Empire State Development Corporation's counsel,
David Paget, and his firm, from continuing to represent the agency in connection
with the Project.
The primary question raised upon this appeal is whether the motion court's
disqualification of counsel for respondent Empire State Development Corporation
(ESDC) due to the "appearance of impropriety" was proper. We conclude that
it was not.
click
to read rest of decision... |
For Immediate Release: March 15, 2006
NYPIRG, Elected Officials and Council of Brooklyn Neighborhoods
Submit Briefs in Support of Conflicts of Interest Finding in Review of
ÔAtlantic Yards'/Ratner Proposal
For Immediate Release: February 16, 2006
Empire State Development Corporation to AppealÊDecision to Disqualify
Conflicted Attorney
David Paget from Review of Ratner's "Atlantic Yards"
Move By ESDC Raises Serious Questions About Its Desire
to
Retain Lawyer So Roundly Rebuked by Justice Carol Edmead on Tuesday
For Immediate Release: February 14, 2006
State Court Judge Rules ESDC/Ratner Lawyer Has Conflict of Interest
DDDB and Co-Plaintiffs Win Case to Disqualify Lawyer Representing
Ratner and ESDC
For
Immediate Release: February 8, 2006
South City Councilwoman Letitia James, State Senator Velmanette
Montgomery and Congressman Major Owens Join In Filing an Amicus Brief
Against ESDC and Forest City Ratner
Elected Officials Representing Proposed Ratner Development
Site Support Suit Seeking Injunction on Rubber-stamped Demolition Approval
and Disqualification of Conflicted Attorney
Amicus Filings:
James
Brief (Brief Cover
and Table
of Contents)
James
Affidavit, Montgomery
Affidavit, Owens
Affidavit, Exhibits
A & B, Order
to show Cause
For Immediate Release: February 7, 2006
South Brooklyn Legal Services Joins Lawsuit Against
Empire State Development Corporation and Forest City Ratner
Low-income Advocates Seek Disqualification of Conflicted
Attorney
and Seek an Injunction on Rubber-stamped Demolition Approval by Same
Attorney
South Brooklyn Legal Services: Intervention
Motion and Intervention
Memo (pdfs)
For
Immediate Release: January 18, 2006
DDDB and Community Co-Plaintiffs File Suit Against
Empire State Development Corporation and Forest City Ratner
Suit Seeks Injunction on Developer's Proposed Demolitions
Around "Atlantic Yards"
and Disqualification of ESDC's Counsel–Sive, Paget & Riesel–for
a Conflict of Interest
The
filed complaint can be found at here.
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| *Sive,
Paget & Riesel conflict:
Working for FCR:
http://www.sprlaw.com/lawyers/paget.html
(See the fifth bullet point at the above link. In case that bullet
point has changed, as of January 18 the text read:
"Among his current engagements, David represents the Forest
City Companies regarding the development of a basketball arena and major
mixed-use development in Brooklyn...")
Screenshot of Sive, Paget & Riesel webpage on January 16, 2006: http://www.dddb.net/litigation/spr.pdf
Working for ESDC:
(See last paragraph on first page of each of these letters
from ESDC to elected representatives, declining their request for funds
for the community to hire independent consultants to review the Environmental
Impact Study)
"... we must decline your request in that regard. Please
note, however, that AKRF and Sive Paget are independent firms retained
by ESDC and taking direction from ESDC staff. As a result, we believe
that the review process and work product will be unbiased ..."
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| Photographs
of some of approximately 50 other buildings on the proposed "Atlantic
Yards" development site which would be demolished if the proposal is
approved: http://www.dddb.net/litigation/buildings.php
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PRESS COVERAGE:
Same
lawyer repped state, Ratner: suit New York Daily News
January 29, 2006
ESDC's
Gargano: no inkling of conflict, doesn't know agency rents from Ratner
TimesRatner Report
January 28, 2006
Ratner
paid for state’s lawyers The Brooklyn Papers
January 26, 2006
Lawsuits
DDDB Just Fine Brooklyn Downtown Star
January
21, 2006
Ratner
demolition goes to court: Yards' foes sue Brooklyn Papers
Eminent
Domain’s Third Rail: Attorney Conflicts NJ Eminent Domain
Law Blog
January 19, 2006
Local
Groups Sue to Halt Big Project in Brooklyn New York Times
Life
in a Small Town The New York Observer's The Real Estate
Community
groups sue ESDC to block demolitions; engineer expresses doubts TimesRatner
Report
Some
"blight" back story: replacement was planned for building that
Ratner wants to raze TimesRatner Report
Develop
Don’t Destroy Files Suit Opposing Atlantic Yards Demolitions Brooklyn
Daily Eagle (registration)
Brooklyn
Coalition Files for Court Injunction to Stop Demolition of Ratner Buildings
NY News Network
Suit
aims to block demolition for new Nets arena The Record
Nets
Foes Shoot Suit The Village Voice's Power Plays
Hoops-Arena
Foes Sue State New York Post
January 18, 2006
Lawsuit Says Nuts
to Nets New York Post
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