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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
The Case Files (PDFs) Hon. Justice Carol Edmead's Decision    Hearing Transcript
DDDB et. al.
Appeal on Conflict Case
Motion for Leave to Appeal

Affirmation of Jeffrey Baker
Appellate Division Decision Overturning
Edmead Trial Court
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

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


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)

–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)

- 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

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

Opposition to DDDB's motion for preliminary injunction

Reply Brief on demolition appeal

Motion for Expidited Appeal

Attorney Douglas Krause Affirmation
Memorandum of Law

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
Develop Don't Destroy Brooklyn, et al., Petitioners-Respondents-Appellants,
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 ļAtlantic Yards'/Ratner Proposal

For Immediate Release: February 16, 2006

Empire State Development Corporation to AppealęDecision 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.
*Sive, Paget & Riesel conflict:

Working for FCR:
(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 ..."

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


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