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Develop-
don't destroy

BROOKLYN     Press Release Main Page


For Immediate Release: August 4, 2009

Develop Don't Destroy Brooklyn and
25 Community Groups
Ask NY State's High Court to Hear Their Appeal
Challenging Atlantic Yards Blight Designation,
Charging Bias and Corruption by the ESDC


BROOKLYN, NY (August 4, 2009) Raising substantial questions about bias and corruption in decision-making by the Empire State Development Corporation (ESDC), Develop Don't Destroy Brooklyn, and 25 community group co-petitioners, filed a brief with New York's highest court. The co-petitioners are asking the New York State Court of Appeals to hear their appeal on an adverse ruling on their case challenging the ESDC's Environmental Impact Statement and Blight Study for Forest City Ratner's Atlantic Yards development proposal.

A key issue in the case is the ESDC's designation of Ratner's handpicked development site as "blighted." The "blight" determination made by the ESDC in 2006 is required to proceed with a Land Use Improvement Project under which most of the Atlantic Yards development proposal is designated.
...


Specifically the petitioners have asked the Court of Appeals to address the following five issues:

1. Whether ESDC's purposeful denial and mischaracterization of the uncontroverted economic conditions and trends in the project area, and its knowing misrepresentations of crime data in the project area, to support its "blight" determination, demonstrate a degree of bias and corruption on the part of ESDC which warrants invalidation of its determination that the area is "substandard and insanitary" for purposes of designating the project a "land use improvement project" under the Urban Development Corporation Act (UDCA).

2. Whether ESDC's purposeful denial and mischaracterization of the uncontroverted economic conditions and development trends in the project area, in order to justify its rejection of project alternatives, demonstrate a degree of bias and corruption on the part of ESDC which warrants invalidation of its rejection of project alternatives under State Environmental Quality Review Act (SEQRA).

3. Whether ESDC was required to consider the economic conditions and development trends in the project area in order to exercise its authority to designate and undertake the project as a "land use improvement project" under the UDCA.

4. Whether a sports arena leased for one dollar per year to a private, for-profit entity to be operated as a professional sports facility, with trivial civic benefits, may nevertheless be designated a "civic project" under the UDCA.

The brief can be downloaded at:
http://dddb.net/FEIS/CTofAppeals/090730MOLctofAppeals.pdf


DEVELOP DON'T DESTROY BROOKLYN leads a broad-based community coalition
fighting for development that will unite our communities instead of dividing and destroying them
DDDB is 501c3 non-profit corporation supported by over 4,000 individual donors from the community.
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