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Forest City Ratner Companies is developing the 22 acre site known as Atlantic Yards in Brooklyn. The site is at the intersection of Atlantic and Flatbush Avenues and much of the site consists of a current open-air rail yard controlled by the Metropolitan Transit Authority (MTA). The development plan includes an 18,000-seat basketball arena; over 6,400 units of housing; 748,000 square feet of office and retail space, including a hotel; eight acres of open space; and, parking for approximately 3,800 cars. The developer also negotiated a community benefits agreement (CBA) with a group of community stakeholders, covering a number of issues including affordable housing and local hiring. On March 3, 2005 the City and the State signed a Memorandum of Understanding (MOU) with the developer. On December 20th, 2006 the Public Authorities Control Board approved the project, the last official approval needed to begin construction.

For supporters, the project would bring jobs, housing, a world-class sports and entertainment complex and economic development to the affected neighborhoods and the borough. For opponents, it is an ill-conceived, out-of-scale proposal that would squander taxpayer dollars, displace existing residents and businesses, bring few benefits to the area, and swamp adjoining neighborhoods with traffic.

Opponents of the plan have filed several lawsuits seeking to stop the development and/or change the way it is being implemented. These include:
1) A Federal lawsuit concerning the appropriateness of the Empire State Development Corporation's (ESDC) use of eminent domain. The suit contends that the use of eminent domain is almost exclusively for private benefit, rather than public benefit. While a federal circuit court has ruled in ESDC’s favor, opponents are appealing that decision;
2) A State lawsuit challenging the environmental review of the project based on the contention that the review did not fully address traffic and security issues; and,
3) A State lawsuit claiming ESDC did not provide proper compensation for residents being displaced by the project. This suit was dismissed by a State panel, but the residents are planning on appealing that decision.

Prospect Heights Historic Designation Seen as Protection from Further Development

The Landmarks Preservation Commission is considering designating a portion of Prospect Heights, Brooklyn as a historic landmarks district. The designation, if it goes through, may have some effect on the Atlantic Yards development, despite the fact that none of the mega-development’s footprint would be in the historic district. Opponents of the Atlantic Yards project, see the landmarking as a way to prevent expansion of the development and further “out-of-scale” building.

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Opponents of Atlantic Yards Bring Environmental Concerns to Court Again

Opponents of the Atlantic Yards project have filed an appeal to a case dismissed by the New York Supreme Court on January 26, 2008. The case will be brought before the State Appellate Court and calls into question the legitimacy of the environmental impact review of the project. Opponents believe that the preliminary review was faulty and merits a new review regardless because the project has changed a great deal since the original one was written. If the Appellate Court sides with the plaintiffs, the project would need a new Environmental Impact Statement (EIS) and a revote by the Public Authorities Control Board.

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Supreme Court Won’t Hear Atlantic Yards Case

The Supreme Court of the United States has declined to hear the appeal made by 11 Brooklyn property owners, which claims that the use of eminent domain to acquire their properties for the purpose of economic development in the Atlantic Yards project is unconstitutional. The justices rejected the appeal without comments. The plaintiffs say that they plan to continue their legal battle against the project in New York State Court, despite the setback. Developer Bruce Ratner and Borough President Marty Markowitz both released statements calling the Supreme Court decision a victory for the project, and for Brooklyn.

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Request for Investigation into the Rising Costs at Atlantic Yards

Atlantic Yards opposition group Develop Don’t Destroy Brooklyn (DDDB) has asked the state’s Public Authorities Control Board to investigate developer Forest City Ratner’s financing plan for the $4 billion project. The Board, which consists of the governor, house speaker, and senate majority leader, has a “statutory obligation to approve the financing and construction of the project,” says DDDB. The state’s approval of the project in Brooklyn was originally tied to its financial viability. Rising construction costs and a slumping economy have increased cost projections for Atlantic Yards.

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Elected Officials Seek Formation of Atlantic Yards Trust to Oversee Development

Several state and City officials, including State Assembly members Hakeem Jeffries and James Brennan, and City Council members Letitia James and David Yassky, are advocating for the creation of a new entity to provide public oversight for the Atlantic Yards project. The officials say that the state project lacks an effective vehicle for community input and so are campaigning for legislation to allow the creation of the Atlantic Yards Trust. The trust would be comprised of officials appointed by the state and the City and would be advised by a council of local residents.

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IRS Ruling on Tax-Exempt Bonds Could Imperil Major Projects

A 2006 ruling by the Internal Revenue Service (IRS) that restricts the use of tax-exempt bonds for profitable organizations could prevent the completion of three major projects all dependent on tax-exempt bond financing: new stadiums for the Yankee and Mets teams as well as the Barclays Center basketball stadium at Atlantic Yards. City officials, representatives from the Empire State Development Corporation, and developers are petitioning the Treasury Department to reverse the rule change or issue exemptions for projects begun before 2006. The proposed rule change, if agreed to, would bear on tax-exempt bonds issued after February 2007.

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Different Reasons for Attending “Brooklyn Day” Rally

The Brooklyn Daily Eagle reports that what seemed like over a thousand people attended the Brooklyn Day celebration and pro-Atlantic Yards rally in downtown Brooklyn on Saturday. Several people in the crowd wore orange and green shirts with pro-Yards slogans on them. The Eagle talked to people who were in attendance, many of whom were construction workers who said that they were there to support the project because of the jobs it would bring. There were also those who came out to celebrate Brooklyn, many of whom were residents at senior centers or other organizations that had organized trips to the rally.

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Institute for Justice Urges Supreme Court to Hear Atlantic Yards Eminent Domain Case

The Institute for Justice, the law firm that represented homeowners in New London, CT in the Supreme Court case Kelo v. City of New London, has filed a friend-of-the-court brief to the federal court urging it to hear an appeal brought by residents facing condemnation in Atlantic Yards. The law firm says that it hopes that the court will hear the case in order to clarify the amount of leeway courts have in intervening in eminent domain cases. The Atlantic Yards case claims that elected officials approved the Atlantic Yards development as a personal favor to developer Bruce Ratner and thus the seizure of the Brooklyn residents’ properties was made in "bad faith or for pretextual reasons" and therefore unconstitutional. Lower courts have found that the Kelo decision prevents the courts from prohibiting the use of eminent domain as long as there is some public benefit provided by the project.

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Daily News Reports: Ratner’s Brooklyn Day Not a Success

A Daily News sports writer called Forest City Ratner’s Brooklyn Day rally, an event organized by the developer as a “celebration” and to garner support for the Atlantic Yards project, a failure. The critique cited a relatively small and unenthusiastic crowd, as well as speakers who seemed frustrated rather than celebratory, in the face of slow-downs in the project, which has been complicated by legal battles, community opposition, and the slowing economy.

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Atlantic Yards Rally Garners Support and Skepticism

Several elected officials are said to be showing their support for the Atlantic Yards project at a rally being held today in downtown Brooklyn. Among those slated to speak at the rally are Reverend Al Sharpton and activist Curtis Sliwa. Some officials who oppose the project, such as Council Member Tony Avella, question the motives of the event. Avella suggests that the rally is meant to make the Atlantic Yards project seem like an immediate need in the face of a slowing economy and that the event will be followed by requests for further subsidies for the development.

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Forest City Ratner Offers Naming Rights for Atlantic Yards Tower

Naming rights for the signature Frank Gehry-designed tower of the Atlantic Yards development, originally named Miss Brooklyn, are now up for grabs. The tower was recently redesigned and renamed "B1." Forest City Ratner (FCR) is still searching for one or two anchor tenants for the building before commencing construction due to the slowing economy. According to a FCR spokesperson, if an appropriate leasing deal is made, the company may have the opportunity to share its name with the building itself.

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Atlantic Yards Will Not Include Building for Brooklyn Tech

City and school officials confirmed that Brooklyn Technical High School would not be moving from its current Fort Greene location into a new building to be built in the Atlantic Yards development. The original agreement between developer Forest City Ratner and the City included a commitment to work with the City and other agencies to develop a new building for the school, but the City has opted out of that part of the deal and school officials say that any plans to move are not currently being considered. A representative from Forest City Ratner maintains that Atlantic Yards will include a school, whether for Brooklyn Tech or not. The City will have to ask that space be put aside for any school building by 2010.

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New Atlantic Yards Renderings Prompt More Critical Commentary

After two very different sets of renderings representing the revised Atlantic Yards plans were released last week, several people are commenting on the images as well as the future of the plans. One set of renderings, released by Forest City Ratner, omits the 11 towers that are to be built in Phase two of the project, as well as the existing buildings that currently surround the site. Critics say this omission is an intentional effort to hide the fact that the proposed buildings are much larger than existing buildings in the area. Many architects also criticize Frank Gehry’s new designs for the Brooklyn 1 building. The Municipal Art Society released its own renderings of the future development, showing a cluster of bulky buildings surrounded by vast parking lots, reflecting the concern that the new project timeline will actually cause more blight than the project was supposed to eliminate in the first place. Developer Bruce Ratner continues to say that the Gehry-designed building will not be built until a tenant for it is found.

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Demonstrators For and Against Atlantic Yards Protest at Site

Two groups on opposite sides of the Atlantic Yards battle demonstrated at the site on Saturday. One was a group, 800-strong, of union construction workers who were there to show their support for the project, saying it would provide them with much-needed jobs. The other group, about 400 in number, were opposing the project. Members of the opponent group said that the union workers should join their cause protesting Ratner, since the developer would no longer be providing the 15,000 union jobs he had originally promised.

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NY Court Denies Another Atlantic Yards Case

The New York Court of Appeals rejected Atlantic Yards opponents most recent lawsuit. The plaintiffs filed suit in regard to the slow development of the project. The court also granted $100 in court costs to the Empire State Development Corporation, the defendant and agency behind the Atlantic Yards development. This is one of five lawsuits brought by Atlantic Yards opponents to court that have been dismissed.

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Residents Critique New Brooklyn 1 Design for Atlantic Yards

Miss Brooklyn, the building designed by Frank Gehry as part of the Atlantic Yards project, has been renamed Brooklyn 1 and significantly scaled back in size. There is mixed support for the new design plans – some think the building is unstable while others appreciate its uniqueness. The building will be used solely for office space, a departure from original plans to have both housing and commercial space.

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Delays in Construction May Create Blight

The Municipal Arts Society (MAS) released drawings that it commissioned showing what the Atlantic Yards development could look like if developer Forest City Ratner is faced with continued construction delays. With delays stemming from numerous lawsuits from project opponents as well as from a slowing economy, the MAS is worried that a massive temporary parking lot will take the place of what should be residential and mixed use buildings. Forest City Ratner denies that this is the case and all of the project phases will be completed by 2018.

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Atlantic Yards' Miss Brooklyn Renamed and Redesigned

Frank Gehry, Miss Brooklyn architect and designer, announced yesterday that the signature tower of the Atlantic Yards project will now be named B1 and will be 100 feet shorter, reaching just 34 stories. The tower will contain commercial office space only and has an asymmetrical stacked-block design rather different from the originally proposed design for Miss Brooklyn. No anchor tenant has been announced yet and project oppenents are skeptical that the necessary funding is available to complete all phases as planned and by the projected finish date. Residential units slated to be in Miss Brooklyn are now being shifted to other towers within the project. B2, a similarly designed residential complex on the site, will be built first to meet neighborhood housing needs.

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Criticism of Ratner’s Op-Ed in the NY Daily News

An Atlantic Yards opposition group, Develop Don’t Destroy Brooklyn (DDDB) responded to developer Bruce Ratner’s op-ed in the New York Daily News, saying that the piece and its accompanying column contained no facts to dispel the notion that the Atlantic Yards project is in jeopardy. DDDB criticizes the Daily News coverage for being biased and without context, and calls it part of a “damage-control campaign” launched by the developer. The column points out that Ratner still lacks financing and the development rights to much of the land needed for the project. The column also criticizes the developer for cost overruns and announcing an unrealistic construction timeline.

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Bruce Ratner: Atlantic Yards is Moving Forward

In an op-ed piece in the New York Daily News, Bruce Ratner asserted that despite rumors to the contrary, construction at Atlantic Yards would begin this year and that the plans would eventually be realized in their entirety, including 2,250 units of affordable housing. Ratner also announced his new construction schedule, noting that he plans to break ground on the basketball arena later this year and a residential building shortly after. The first phase of construction will include 3 residential towers, containing in total about 1,500 units of housing, approximately 450 of which will be affordable. The rest of the project, including the iconic Miss Brooklyn building, is slated to be completed by 2018. Ratner blamed the construction delays on the lengthy public review process and a multitude of court cases that have been brought against the project. Ratner’s op-ed was also covered in an accompanying Daily News regular column.

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Rally Against Atlantic Yards Will Focus on Getting Governor to Stop Demolition

Community groups and elected officials plan to rally on Saturday to protest the Atlantic Yards development. The rally is an attempt to get Governor Paterson to stop all demolition related to the Atlantic Yards project. Opponents of the project believe that the developer, Forest City Ratner, will not build the affordable housing as promised to the community. Recently, there have been rumors that the Nets will be sold and will play in Newark. Ratner, an owner of the Nets, says the Nets are not for sale and will play in the Barclay Stadium, the first structure to be built in the Atlantic Yards project.

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Atlantic Yards Tenants Take Forest City Back to Court

Thirteen residents in Brooklyn have filed a lawsuit against the developer of Atlantic Yards, Forest City, in the State Supreme Court. The tenants, whose apartments are to be seized through eminent domain, claim that the agreement between the Empire State Development Corporation (ESDC) and Forest City goes against the State’s eminent domain law, which sets a 10-year period for the developer to “materially improve” the condemned property. If the property is not improved within that time frame, it must be returned to the previous holder. The agreement between the ESDC and Forest City allows the developer at least 12 years to finish the first phase and an open-ended amount of time for the second phase. The thirteen tenants hope the Court will nullify that part of the agreement allowing for more than 10 years to complete the project.

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Groups Will Protest Atlantic Yards Development

Three groups who all agree that demolition should stop at Atlantic Yards because of Forest City Ratner’s inability to build his initial proposal currently, will come together in a rally on May 3rd. The groups, Develop Don’t Destroy Brooklyn, Brooklyn Speaks, and the Council of Brooklyn Neighborhoods, don’t agree completely on their opposition to the entire Atlantic Yards project. Some elected officials are expected to join the rally to stop demolition.

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Ratner Owes $100 Million to MTA for Atlantic Yards Project

Lee Sander, Executive Director of the Metropolitan Transportation Authority (MTA), expressed concern over whether Atlantic Yards developer Forest City Ratner would indeed pay the $100 million due to the agency. Ratner purchased the rights to develop over the MTA’s rail yards in Prospect Heights in 2005. A spokesman for Forest City Ratner said that the $100 million, which has already been incorporated into the MTA’s caital plan, would indeed be paid once the real estate deal was closed.

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Atlantic Yards Construction Moratorium Request Put in Writing

Brooklyn Councilmembers Bill DeBlasio (D–Park Slope), David Yassky (D–Brooklyn Heights) and Letitia James (D–Fort Greene) sent a letter to state officials last week asking that work at the Atlantic Yards site be halted until Forest City Ratner puts in writing that he will build the entire project as it was approved by the state. The letter was prompted by growing concern that the 2,250 units of affordable housing that were promised in the original proposal may not be built. Councilman DeBlasio admitted that Forest City Ratner was not legally bound to oblige to their request for a moratorium on demolition. Meanwhile representatives from the developer say that the entire project – affordable housing included – will be built.

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Councilmember Calls for Moratorium on Atlantic Yards Demolition

In an interview with several Brooklyn bloggers, Councilmember Bill de Blasio expressed his opinion that a moratorium on the destruction of buildings in the area surrounding the Atlantic Yards development should be issued until an updated plan is put forward by the developer, Forest City Ratner. He also said the State should review the plans again as Ratner is now proposing to build something much different than originally planned.

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Subsidies for Atlantic Yards

According to the New York Post and estimations by a former lawyer for New York State’s finance authority, the $4 billion Atlantic Yards development is receiving over $2 billion in subsidies from a number of different sources.

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Developer Ratner May Seek Additional Public Funding for Atlantic Yards

Although Forest City Ratner has not officially asked for additional public subsides to finance his Atlantic Yards project, City Council Members David Yassky and Bill de Blasio are already saying they will try to block any additional funds. Speculation that Ratner will ask for more funding has come from a call that Forest City Enterprises, a parent company to the one building Atlantic Yards, made to investors highlighting the need for more cash.

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Atlantic Yards Community Advocate Has Not Yet Met With Community

A year ago, Forrest Taylor was hired as the community advocate for residents near the Atlantic Yards project, but he has yet to hold office hours with community members. The Empire State Development Corporation (ESDC) says that he has been busy with meetings with state and local officials, but will start holding office hours. Community members who have been able to reach Taylor on the phone complain that he is “useless” and just gives the “party-line.”

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Area Residents Demand New Schedule for Atlantic Yards Construction

Following the announcement by Forest City Ratner that delays will occur on construction of 16 towers and a basketball stadium known collectively as Atlantic Yards, some area residents are asking Governor Paterson for an updated scheduled for construction. The residents say that a moratorium should be used on the destruction of buildings until a new construction plan has been made public in order to prevent future blight. The state is unlikely to issue a moratorium on demolition.

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Atlantic Yards Opponents Appeal to Supreme Court

Opponents of the Atlantic Yards project have filed a petition with the Supreme Court of the United States challenging the state’s use of eminent domain to acquire the land needed for the large development. Legal experts disagree whether or not the court will hear the case, especially considering the recency of the Kelo case. The plaintiffs have lost two prior cases in lower courts, but their lawyer says that even if the Supreme Court denies their case, he’ll refile in the state court system. If litigation proceedings continue until December 2009, the project’s developer Forest City Ratner may lose its major source of financing.

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Architect Gehry Says Miss Brooklyn Tower Will be Built

While protesters gathered outside, Architect Frank Gehry spoke with the Brooklyn Paper about the Atlantic Yards project at the Brooklyn Museum of Art’s annual gala. Gehry insisted that his “Miss Brooklyn” tower would indeed be built, despite Bruce Ratner’s statements to the New York Times that it would be put on hold. He noted that financing was indeed a problem, but he remained optimistic that Ratner would find a tenant that would allow the project to move forward. Demonstrators outside were protesting the museum’s decision to honor Ratner with their Augustus Graham Medal at the gala.

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Atlantic Yards Developer Seeks Bonds to Finance Affordable Housing

The New York State Housing Finance Agency (HFA) will hold a public hearing on Tuesday April 15 to decide whether Forect City Ratner will be able to use tax-exempt and/or taxable multifamily housing revenue bonds for the construction of the proposed mixed-use development at 80 Dekalb Avenue. The project is expected to have 365 rental apartments, 20 percent of which will be designated to households earning under 50 percent of area median income. The HFA has said that it anticipates issuing no more than $109,500,000 in bonds to help finance construction.

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Plaintiffs Take Atlantic Yards Eminent Domain Suit to U.S. Supreme Court

A group of holdout residents who live within the boundaries of the proposed Atlantic Yards project have petitioned the U.S. Supreme Court to take their case and reevaluate the standards for the use of eminent domain. This case, which lost at the Second Circuit in February, challenges the Atlantic Yards project as not being for “public use,” which is a requirement of eminent domain. Although the Supreme Court ruled in 2005 that economic development is a “public use,” the plaintiffs are targeting Justice Kennedy, who wrote in a concurrence to that case that eminent domain may not be used as a pretext for giving one private party land when there are only minimal public benefits. The plaintiffs allege that the process that was used to give Forest City Ratner the land for Atlantic Yards was just such a pretext. The defendants, including Forest City Ratner and the Empire State Development Corporation, believe the lower courts decided the case correctly and that this case will be dismissed.

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$20 Billion in Development At Risk Due to Slowing Economy

Due to the slowing economy, over $20 billion in development projects in the City could be scaled back, significantly delayed or even killed. The affected projects include Moynihan Station, Fulton Station, Atlantic Yards, Coney Island and the World Trade Center redevelopment. According to Robert Yaro, president of the Regional Plan Association, “We’re not going to throw in the towel on any of these projects, but less dramatic and less expensive designs may be needed.”

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Timing of Construction at Atlantic Yards Concerns Community

Although Forest City Ratner has already received nearly $40 million from the City to build Atlantic Yards, it does not have a definitive timetable for completing the project. Ratner will have until 2021 for the first phase of the project, which has significantly been cut back in recent weeks but the rest of the project has no timeline from either the city or state government. There is a financing agreement that outlines certain conditions that must be met for the developer to retain $200 million in government funding for infrastructure and purchasing of land. One condition is that condemnation and litigation must be completed by December 2009. Opponents to the plan have considered that the financing agreement was done behind closed doors without community input.

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Atlantic Yards Opponents Say Another Review is Needed for Nets Arena

Lawyers from Develop Don’t Destroy Brooklyn, a group opposed to the development at Atlantic Yards, say that the new Nets Arena will need another review by the state’s Public Authorities Control Board because costs have risen and profits could be less, causing a significant change in the financing of the building. The state says it does not need to review the plan again saying that even though the cost of construction has increased, the government funding will not change.

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Residents and Leaders Fear Parking Lots at Atlantic Yards Site

The potential of congestion pricing being approved, along with recent delays of the Atlantic Yards Development , concerns several community leaders that cleared land for the Atlantic Yards project will be turned into parking lots. Previous history, including the Rockaways and Seward Park on the Lower East Side, have proved that delays in development can create vacant parcels and ultimately blight nearby areas.

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Future of Affordable Housing Units at Atlantic Yards in Question

Since Bruce Ratner’s announcement that construction on two residential towers at the Atlantic Yards site would be delayed due to the slowing economy, project supporters and critics alike have voiced concern that the promised affordable housing units will never be built. Daily News reporter Michael Daly calls for Ratner to ensure that the promises he made on affordable housing in the Community Benefits Agreement be upheld even if he’s forced to sell off the properties

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Worries That Atlantic Yards Failure Will Bring Blight

Reporter and Brooklyn resident Errol Louis laments the possible stall-out of the Atlantic Yards project. Errol contends that the project’s failure would result in the loss of construction jobs, contracts for minority- and female-led businesses, and affordable housing units all of which are desperately needed by the community located in the area.

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Nets Stadium Without Office and Residential Towers Not the Atlantic Yards Project that the City was Promised

After Bruce Ratner’s announcement that construction on the office and residential towers of the Atlantic Yards project would be delayed due to the recent economic downturn, New York Times columnist Nicolai Ouroussoff offers an architectural critique of the project in its newest incarnation.

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Ratner Announces Commitment to Atlantic Yards Project

After announcing that the weak economy will cause delays in the construction of the planned office and residential towers at Atlantic Yards in a New York Times interview on Friday, Bruce Ratner released a statement that confirmed the developer’s commitment to the Atlantic Yards project “in its entirety… including the thousands of units of affordable housing.” Still many of the project’s critics are calling the recent delays a sign that the project is not financially feasible.

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Atlantic Yards Development Delayed Because of Weak Economy

Forest City Ratner, developer of Atlantic Yards, has announced that delays are likely to take place for the “Miss Brooklyn” office building and three residential towers expected in Downtown Brooklyn. Citing concerns about the slowing economy and the current credit crisis, Bruce Ratner was not able to pinpoint how significant the delays will be. Unlikely to be effected by any delays is the basketball arena being constructed for the Nets. Construction is expected to start by the end of this year on the arena. Ratner is still seeking a tenant for the Miss Brooklyn building and has indicated that construction will not begin on the office tower until a tenant is secured.

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Financial Problems and New State Administration May Hinder Atlantic Yards Project

Some Atlantic Yards opponents are optimistic that the project may be running out of steam thanks to a combination of the slowing market and changes in Albany. Many believe that Forest City Ratner will not be able to get enough government funding to build the proposed $640 million sports arena. Some also think that the new Governor, David Paterson may be an ally in the fight against the project; Governor Paterson has been critical of the use of eminent domain in the past.

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Atlantic Yards Opponents Hope Patterson Will Be an Ally

At a community forum last week, critics of the Atlantic Yards plan speculated on the changing political landscape and hoped that it would provide them with an opportunity. Opponents of the Atlantic Yards project hope that new Governor David Paterson will be a more amenable target to their lobbying than former Governor Eliot Spitzer. Paterson is considered to be more collaborative than Spitzer, who Atlantic Yards opponents felt did not listen to them. Another positive for the plan’s critics is that in the past, Paterson has opposed the use of eminent domain.

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Real Estate Community Concerned that Paterson May Oppose the Use of Eminent Domain

Several stakeholders of the real estate community are concerned that when Lt. Governor David Paterson assumes the governor position he may oppose the use of eminent domain on high-profile developments. According to the New York Sun, when Patterson was state Senate Leader he rallied for a statewide moratorium on the use of eminent domain. Potential developments that could be affected if Patterson opposes the use of eminent domain for economic development is Columbia University Expansion, Atlantic Yards in Brooklyn, and Shea Stadium in Willets Point Queens. No official statement by Patterson’s office on the subject matter has been released.

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$55 Million in Public Funding for Atlantic Yards

Seth Pinsky, President of the city’s Economic Development Corporation (EDC), announced that $55 million in city and state funding for Atlantic Yards has been distributed. At a City Council oversight hearing, Pinsky confirmed that the city had contributed $40 million to Forest City Ratner and the state $15 million. The city has pledged $205 million and the state $100 million overall.

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Local Residents Unite to Address Atlantic Yards Construction Issues

Several Prospect Heights residents are complaining that there is a lack of coordination of the Atlantic Yards construction in the Prospect Heights area, which is causing problems in the neighborhood. Complaints include unannounced water shutoffs, excess amounts of dust and debris, and late night construction. They hope to unify Community Boards 6 and 8, both of which are affected by the construction, and band together to demand that the city address these construction concerns.

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Court Speeds Up Atlantic Yards Appeal

A state appellate court has moved the appeal for the lawsuit brought by Develop Don’t Destroy Brooklyn against Forest City Ratner up to September of 2008. Forest City Ratner argued for moving the appeal up to May, because the legal delays were causing financing problems for the Atlantic Yards project. The appeal was originally scheduled for February 2009.

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Development at Atlantic Yards Would Worsen Existing Traffic Problems

A picture of gridlock at the intersection of Flatbush and Atlantic Avenues posted on the Develop Don’t Destroy Brooklyn website, and the report of a recent pedestrian fatality on Atlantic Avenue, prompted a post on Streetsblog about pedestrian and bike accidents in the area. The post includes a map of accidents and fatalities and posits that problems will only get worse with the development of the Atlantic Yards project.

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Subsidy Shortfalls May Reduce Affordable Housing in Atlantic Yards

Demand for affordable housing grants is expected to exceed supply by as much as five times in 2008. This could cause thousands of planned affordable housing units in the city to go unbuilt, including those in the Atlantic Yards development. While it’s estimated that $1.4 billion in subsidies over several years will be needed to build the 2,250 units of below-market-rate housing that are planned to be included in the project, the developer, Forest City Ratner, has yet to apply for the grants.

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Changes Discovered in Atlantic Yards Plan

In a recently disclosed transcript of a meeting between Forest City Ratner and investors in the Atlantic Yards project, the developer quoted a smaller footprint for the project, touching off suspicion that the project had been quietly scaled down. However, Forest City Ratner says the difference can be made up by including the Barclays Center basketball arena, which the developer does not entirely own, and another site which will be developed separately. The transcripts also revealed that the square footage of the Miss Brooklyn building, designed by Frank Gehry, has been almost cut in half due to a concession last fall to lower the height of the building. Forest City Ratner also said that it would take five years (instead of the three and half years it originally announced) to rebuild the Metropolitan Transportation Authority rail yard.

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Another Lawsuit Against Forest City Ratner Filed

Clive Campbell, an activist in Brooklyn, is seeking $5 billion from Bruce Ratner, Jay-Z, and Barclays Bank. Campbell, working with the DA Black Defense Leagues, filed a “claim of lien in property records that seeks the money for slavery reparations.” The three parties are related in that Barclays Bank has the naming rights of the Nets Stadium to be built in the Atlantic Yards, Jay-Z is a part owner of the Nets, and Ratner is the developer for Atlantic Yards. The claim states that these three parties “profited from the African Slave Trade and continue to profit from these gains, through a conspiracy dating back hundreds of years and continue to date to oppress Black people, enslave them, unlawfully deport them to all corners of the Earth.”

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Appeals Ruling Asserts Atlantic Yards Project Will Provide Public Benefits

A federal appeals court confirmed the ruling of a lower lower court regarding the use of eminent domain in Atlantic Yards. In a 24-page ruling, the judges stated that the seizure of property by eminent domain was justified by the public benefits that the development would provide, such as the development of new housing units, creation of park space, and improvements to mass transit.

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Atlantic Yards Opposition Group Continues Fight Despite Federal Ruling

Atlantic Yards opposition group “Develop Don’t Destroy” has vowed to take their legal battle against developer Forest City Ratner to the U.S. Supreme Court, after their most recent effort was struck down by a federal appeals court. The group is appealing a ruling by a lower court that the developer’s use of eminent domain to seize property for the Atlantic Yards project does not violate constitutional rights.

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Effort to Eliminate Subsidies for Ratner Squashed by City Council

Brooklyn Council Members David Yassky and Letitia James were unsuccessful this week in their effort to end city and state subsidies for the Atlantic Yards development. During consideration of legislation that would eliminate tax exemptions for Madison Square Garden, the lawmakers attempted to end what they think will amount to $700 million in city and state subsides for the new Nets arena in Atlantic Yards. While they were unsuccessful offering their proposal as an amendment, the Council Members have said they will introduce the measure as a stand-alone bill soon.

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Federal Court Rejects Atlantic Yards Lawsuit

The 2nd U.S. Court of Appeals ruled today that the seizure of property through eminent domain to build an arena for the Nets in Atlantic Yards would not violate the constitution. The decision said that "while “monetary compensation may understandably seem an imperfect substitute for the hardships of dislocation and the loss of a home or business. But federal judges may not intervene in such matters simply on the basis of our sympathies. Just as eminent domain has its costs, it has its benefits." Further legal matters are still pending before development can commence in Atlantic Yards.

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Atlantic Yards Project Not Binding for Ratner

Forrest City Ratner, the developer who is expected to build the Atlantic Yards project, has the ability to withdraw from the project without a fee because a building contract was never signed nor were any government subsidies used. Although there may be some financial concerns for Ratner considering the current economic state, representatives from the developer say that Atlantic Yards will be built. Opponents are using this opportunity to urge all parties to rethink the plan so eminent domain does not need to be used.

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Forest City Ratner Admits Financial Concerns About Atlantic Yards

Due to on-going litigation and a potential real estate market slump, Forest City Ratner, the development firm for Atlantic Yards, has filed an affidavit in court stating that it is having trouble securing financial support for the project. Forest City Ratner filed the affidavit to ask for an accelerated appellate process for the case filed by Develop Don’t Destroy Brooklyn challenging the state’s environmental impact review. A spokesman for the company stated that the delays have not hampered Forest City Ratner’s commitment to the development of Atlantic Yards.

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Atlantic Yards' Opponents Face Defeat Again

In addition to their appeal being denied by the New York Appellate Division court, opponents of Atlantic Yards also received news that their environmental impact statement charges were dismissed. Forest City Ratner, developer of the site, expressed satisfaction about the courts' ruling, but is mindful of future litigation.

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Atlantic Yards’ Opponents Face Appellate Court Defeat

Opponents of the Atlantic Yards project were defeated yesterday when the New York State Appellate Division rejected an appeal against the state. Property owners and tenants within the Atlantic Yards area filed the appeal in July challenging the state’s use of eminent domain for the project.

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Federal Judge Recuses Himself From Atlantic Yards Appeal

Brooklyn federal Judge Edward Korman recused himself from an appeal of the lower court decision dismissing the lawsuit opposing the use of eminent domain in the Atlantic Yards project. Judge Korman admitted that he approved the project in response to a promotional mailing sent out a few years earlier.

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Brooklyn Councilmembers Question Atlantic Yards Tax Breaks

Two Brooklyn Councilmembers challenged the tax abatements that Forest City Ratner will be receiving for the Atlantic Yards development during a City Council Finance Committee meeting. The committee is moving towards cutting tax breaks given to Madison Square Garden (MSG), but Councilmembers Letitia James and David Yassky argued that the tax abatements given to Atlantic Yards will cost the city more and are not necessary to encourage the development. Though Council Speaker Quinn is pushing for the MSG cuts, requests for an Atlantic Yards review will need to be first directed to a committee following a resolution from James and Yassky.

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Atlantic Yards Environmental Lawsuit Denied

A Manhattan State Supreme Court judge dismissed a lawsuit filed by a neighborhood coalition seeking to stop the redevelopment of Atlantic Yards. The plaintiffs in this suit challenged the project’s environmental review, arguing that it did not accurately assess the traffic impact or security issues. Justice Joan A. Madden denied the lawsuit in a detailed 71-page document that refuted the plaintiffs' claims. State officials and Yards' developer Bruce Ratner hailed the dismissal as an important move forward for the project, however the coalition plans to appeal this decision and will attempt to overturn the eminent domain case dropped last year.

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Atlantic Yards Ombudsman Meets With Community

Forrest Taylor, the newly appointed Atlantic Yards Ombudsman, participated in a public meeting with Brooklyn residents and some elected officials this week to ease concerns about traffic and safety concerns regarding the new Atlantic Yards' basketball stadium. Taylor attempted to assure residents that security measures would not close streets to traffic during athletic events. Although skepticism still remains, some in the community were pleased that Taylor was willing to meet with the community, something they claim the Empire State Development Corporation did not do well.

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Nets Move to Brooklyn Delayed

Due to delays in the construction and legal battles over the construction of the Atlantic Yards, the New Jersey Nets’ move to their new stadium will be delayed until 2010. The Nets had originally intended to move in 2006 but continued legal delays have pushed back completion dates. Though demolition has finally begun at the site, the new Barclays Center will not be complete until after the start of the 2009 season. Nets officials expect to make the move sometime during the 2010 calendar season.

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Brooklyn Authors Unite to Oppose Atlantic Yards Development

In an attempt to prevent the $4 billion Atlantic Yards development project, a group of Brooklyn authors are contributing essays in a compilation book, “Brooklyn Was Mine.” All proceeds from the book will be donated to “Develop Don’t Destroy Brooklyn,” a group proposing housing, office and commercial space, and a basketball stadium. This group opposes Ratner’s plans for the area.

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Doctoroff Says ULURP Should Have Been Used in Atlantic Yards

In an interview reflecting on his tenure as Deputy Mayor, Dan Doctoroff, who recently stepped down from the Bloomberg Administration, admitted that the city’s Uniform Land Use Review Procedure (ULURP) should have been used for the Atlantic Yards project. The Brooklyn Papers Editorial Board believes that if ULURP had been used, many of the parts of the plan that the community does not agree to could have been scaled down. Public comment and input is an integral aspect of ULURP.

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Legal Issues Delay Basketball Arena Construction in Atlantic Yards

Construction of the New Jersey Nets' new arena in downtown Brooklyn has been delayed due to legal problems surrounding the Atlantic Yards project. Forest City Ratner spokesman, Barry Baum, said the 19,000-seat, glass arena will be completed in 2010, possibly in time for the 2010-2011 basketball season. The Nets initially had hoped to move in for the 2009-2010 season.

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A New Skyline for Brooklyn

In the next couple of years, the Brooklyn skyline is expected to be changed drastically and the Williamsburgh Savings Bank may no longer be the tallest building in Brooklyn. Sixteen of the new towers that will be built are part of the Atlantic Yards project, including ‘Miss Brooklyn’, a Frank Gehry designed building. Some area residents are pleased with the developments talking place in Brooklyn, while others want Brooklyn to stay the way it is.

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State Security Plans for Atlantic Yards Kept Confidential

A Freedom of Information request from The Brooklyn Papers to the Empire State Development Corporation regarding security plans for Atlantic Yards was not met. The Brooklyn Papers were notified by a security consultant to Forest City Ratner that security plans for the arena must remain in the “strictest confidence and not be disclosed to anyone other than the owner, the design professionals involved in development of the Project, and appropriate law enforcement agencies.”

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ESDC Appoints Ombudsman for Atlantic Yards Project

Fulfilling its May promise, the Empire State Development Corporation has appointed Forrest R. Taylor as the ombudsman for the Atlantic Yards development. Taylor will serve as the liaison between the ESDC and the community and elected officials. The ESDC hopes the creation of this position will improve accountability to the public.

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Arena Continues to Raise Security Concerns

Critics of the Atlantic Yards development project are questioning the exact location of the proposed basketball arena. If the arena is too close to the street, security concerns may lead to street closings during events, which would drastically affect local area traffic. Forest City Ratner recently stated the arena will be set 20 feet back from the street, the same distance that led to street shutdowns at the Newark arena. The developer directed all security-related questions to the Police Department, which provided no comment.

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Atlantic Yards Arena Sponsor Sparks Controversy

Barclays, an international bank, is expected to pay $400 million to Atlantic Yards Developer Bruce Ratner for naming rights of the proposed arena. The partnership, however, has provoked outrage from some community members because of Barclays alleged ties to the slave trade, apartheid and the Nazi regime. Barclays has also created a non-profit that will provide grants to Brooklyn community organizations for $1 million a year for 20 years. Funding for the grants will be split between Forrest City Ratner and Barclays. Some community officials have denounced the partnership between Ratner and Barclays, calling the grants insignificant and are hoping the Atlantic Yards development will be named after someone with real significance. Others in the community are grateful for the grants that will be made to local community groups.

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Officials Request Independent Security Study for Atlantic Yards

A coalition of elected officials is requesting an independent investigation of security risks surrounding the development of Atlantic Yards. These officials are concerned that the Atlantic Yards project, which includes a sports arena, will be susceptible to security threats. The group of lawmakers sent a letter to Governor Spitzer and Mayor Bloomberg requesting a review independent of the Empire State Development Corporation (ESDC) study. The study is necessary, say some, because of possible conflicts of interest between the developer and the ESDC, a development partner for Atlantic Yards. Both the NYPD and Brooklyn Borough President Marty Markowitz have asserted that proper security measures have been taken and that the streets are not at risk of being shut down during events.

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State Appellate Court Dismisses Atlantic Yards Suit

A state appellate court dismissed a suit challenging the Empire State Development Corp.’s plan for relocating residents of the Atlantic Yards development footprint. The court determined that the ESDC has considered the development's impact on local real estate and has provided residents with adequate relocation services. ESDC and developer Forest City Ratner were pleased with the ruling, citing the improvements that the project is intended to have on the area and Brooklyn. The plaintiffs plan to take the suit to the Court of Appeals, the highest court of New York State.

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Hopes for Solar Powered Housing Dimmed by Atlantic Yards

The new Fort Greene Housing development, touted to be Brooklyn’s most eco-friendly construction, has been forced to throw away their plans for roof-top solar panels due to the shadow that is expected to cast over large portions of Brooklyn from the 16 skyscrapers planned for Atlantic Yards. According to a Pratt Institute analysis, the development in Atlantic Yards will significantly reduce the sunlight in neighborhoods in Fort Greene and Prospect Heights for a majority of the year. The building, located on Atlantic Avenue, will now compensate by using additional energy saving appliances and water recycling systems.

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Atlantic Yards Interferes with Eco-Friendly Construction

Atlantic Terrace, an ecologically friendly affordable-housing development in Brooklyn, will not have rooftop solar panels because the Atlantic Yards project across the street will interfere with its sunlight access. The Atlantic Terrace project, which has just begun construction, will instead be powered by a combination of renewable and traditional energy sources.

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Atlantic Yards Suit Filed in Wrong Court

A state court in Manhattan has ruled that the lawsuit filed by Atlantic Yards residents opposed to the development should have been filed with the appellate court in Brooklyn instead. The plaintiffs allege that the state illegally condemned their property without seeking the property authority of the state agency entrusted with such demolition proceedings. The new ruling gives the plaintiffs the ability to sue under the Eminent Domain Property Law as “condemnees.” Plaintiffs in Brooklyn are pursuing a lawsuit for relocation funds legally required under the Urban Development Corporation Act.

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