BROOKLYN, NY—Despite an overwhelming number of calls–from
the four Assemblymembers representing the Atlantic Yards project
site and surrounding districts, City Councilmembers, community organizations
and good-government groups from all corners– for the PACB
to postpone its vote and take the necessary time to do its due diligence
concerning the utter lack of financial disclosure about Atlantic
Yards, Albany’s three men in a room approved the project today.
However, with a
federal
lawsuit challenging the constitutionality of eminent domain
for the Atlantic Yards project already in court, and a legal challenge
to the project’s flawed environmental impact study looming, the
viability of the largest sole-sourced project in New York’s history
will ultimately be determined by federal and state courts.
“The federal eminent domain lawsuit brought by citizens
protecting their constitutional rights is rock-solid, and without
those plaintiffs’ properties, Atlantic Yards as we know it–an
arena studded with 16 outmoded superblock towers–cannot be
built,” said Develop Don’t Destroy
Brooklyn (DDDB) spokesman Daniel Goldstein.
“Except for a few
courageous and principled elected officials, the fix has been in
for a long time on Atlantic Yards. Today’s vote is no surprise.
The surprise for the PACB, the ESDC, Mr. Ratner and his supporters
is that the constitutionality and legality of their illegitimate
project has yet to be proved. Fortunately, we still have three branches
of government.”
It was not until late Tuesday that the Public Authorities Control
Board (PACB) representatives received “some” of the financial documents
that had been denied through Freedom of Information requests and
Assemblyman Richard Brodsky’s recent subpoena of the Empire State
Development Corporation (ESDC), the project’s state sponsor. Those
documents have yet to be made public. The PACB still has not received
a
full
accounting of the true public cost of the project or a realistic
projection of the project’s new net revenue for the city and state.
Additionally, financial terms, guarantees and penalties for non-compliance
for the subsidized housing–a key component of the project–have
yet to be negotiated.
"The approvals by ESDC represent egregious violations of multiple
state laws and the public trust. While Mr. Gargano may claim there
has been extensive public review the facts show otherwise,” said
DDDB attorney Jeffrey S. Baker of Albany based Young, Sommer, Ward,
Ritzenberg, Wooley, Baker & Moore. “The New Yorkers whose trust
was betrayed by the Governor, Mayor and Mr. Gargano will now place
their trust in the courts to assure that the laws are followed and
this project is sent back for the review that was required.”
Just last month, Assembly Speaker Sheldon Silver, who controls one
of three PACB votes, called ESDC Chairman Charles Gargano “the most
corrupt member of the Pataki Administration.” Notwithstanding that
vitriol, Speaker Silver fast-tracked Atlantic Yards, despite the
fact that the PACB had only about twelve hours to review deficient
and complicated financial information.
“Democracy in New York State took another step into the grave today
with this misguided decision. Who indeed is Mr. Silver representing
when he completely ignores his members?” asked Goldstein. "'Day
one' is just around the corner, and we look to incoming Governor
Spitzer to make sure that everything truly will be different.”