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Develop-
don't destroy
BROOKLYN Press
Release Main Page
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
MANHATTAN, NY - Develop Don't Destroy Brooklyn (DDDB)
and a coalition of more than ten co-plaintiffs are filing a
lawsuit today against "Atlantic Yards" lead agency, Empire
State Development Corporation (ESDC), and the developer Forest City Ratner
(FCR). The plaintiffs seek to annul ESDC approval of FCR's plans to demolish
six buildings owned by the developer and located in the footprint of the
proposed "Atlantic Yards" development in Prospect Heights, Brooklyn.
The plaintiffs also seek the disqualification of ESDC special outside counsel,
Sive, Paget & Riesel (SPR) on the grounds that SPR represents FCR and has
previously represented FCR on the "Atlantic Yards" proposal, constituting
a serious conflict of interest. The plaintiffs insist that the process requires
independent legal counsel to the ESDC and not the use of the law firm that
has
represented FCR on the same project*.
The plaintiff group consists of community based organizations and individuals
who are stakeholders in and around the proposed development site, including:
Fort Greene Association, Boerum Hill Association, Society for Clinton Hill,
Pratt Area Community Council, Fifth Avenue Committee, Prospect Heights Action
Coalition, Atlantic Avenue Betterment Association, Prospect Heights Neighborhood
Development Council, East Pacific Block Association, Dean Street Block Association
(4th to 5th) and Develop Don't Destroy Brooklyn. The plaintiffs represent
a broad coalition of community organizations with diverse views of the "Atlantic
Yards" proposal who have joined together to ensure the integrity of
the review process.
Plaintiffs’ attorney Jeff Baker, of the law firm Young, Sommer, said,
"We believe that the demolition of the buildings before the completion
of the State Environmental Quality Review Act (SEQRA) process is a violation
of the law and will act to promote and pre-determine the outcome of the
environmental review. We will seek injunctive relief prohibiting demolition
of the structures until the court determines our claim and will seek an
order providing for an independent inspection of the buildings by a structural
engineer."
The plaintiffs contend that ESDC is in violation of the law by allowing
demolition to proceed without benefit of an independent engineering review
of the buildings or the need for demolition. The plaintiffs claim that there
is insufficient evidence of imminent threat to public safety from the buildings
and that any threat can be alleviated by reasonable measures to stabilize
the buildings. To date the developer has refused to allow a second and independent
structural engineer to inspect the buildings.
"It appears that the ESDC may be breaking the rules of the state's
review of the Ratner proposal. The plaintiffs question the integrity of
a process that relies solely on Ratner's engineer's report and Ratner's
former lawyer for approval of the demolitions. It is deeply troubling that
the state agency charged with an objective review of the proposal is represented
by Ratner's lawyer; it throws the entire review process into question,Ó
DDDB spokesman Daniel Goldstein said. ÒSince the ESDC appears to be compromised
by this conflict of interest, and appears to be rubber-stamping whatever
Ratner asks for, we have to wonder: who is representing the interests of
the public and who exactly are we to trust throughout this process? To protect
the integrity of the process, Sive, Paget & Riesel must be removed from
any involvement with the ÔAtlantic Yards' proposal.Ó
FCR owned three of the buildings in question for more than eighteen months.
Two
of the buildings** were occupied by residents before FCR's purchase
in June of 2004, and the
third building*** was occupied by a business as recently as six months
ago. Forest City Ratner claims the buildings need to be demolished now to
remove a public safety hazard. The same buildings have stood on the site
for months with no prior designation of risk to the public and no protection
for the public from FCR's claims of a potential collapse. ESDC has not undertaken
its own inspection of the buildings and has based its approval of the demolitions
solely on Forest City Ratner's report. Additionally Forest City Ratner has
left windows and some roofs of the buildings open for a long time, allowing
the weather to expedite deterioration, indicating willful neglect to propel
the proposed project's schedule. To date the developer does not have demolition
permits.
Sue Wolfe, president of the Boerum Hill Association, said, "We've joined
this lawsuit because we want to ensure a fair and transparent environmental
review process. We are concerned that what appears to be a preemptive measure
by Forest City Ratner and the ESDC will taint the integrity of the review
process and shut out any meaningful community involvement."
Philip Kellogg, president of the Fort Greene Association said, "We
expect the ESDC to ensure that the rule of law is followed and that the
public is legitimately represented throughout this review process for 'Atlantic
Yards.' The public deserves nothing less. We have joined this litigation
because of the actions of the ESDC and Forest City Ratner in regard to these
demolitions, along with the apparent conflict in legal representation."
All links below can be found here.
The filed complaint can be found at: http://www.dddb.net/documents/legal/demolitigation/complaint.pdf
The ESDC's Declaration of Emergency authorizing demolition: http://www.dddb.net/documents/legal/demolitigation/ESDCdemoLetter.pdf
Statement by Community's Engineer: http://www.dddb.net/documents/legal/demolitigation/Engr_aff.pdf
Statement by Plaintiff's Attorney: http://www.dddb.net/documents/legal/demolitigation/JSBaffirmation.pdf
Legal Support for Plaintiffs' claims: http://www.dddb.net/documents/legal/demolitigation/Memo_of_law.pdf
* Sive Page 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/documents/legal/demolitigation/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 ..."
** Photo of two residential buildings FCR wants to demolish: http://www.dddb.net/php/reading/legal/democase/461_463dean.php
*** Photo of commercial building FCR wants to demolish: http://www.dddb.net//php/reading/legal/democase/585dean.php
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/php/reading/legal/buildings.php
DEVELOP DONÕT DESTROY BROOKLYN leads
a broad-based community coalition
fighting for development that will unite our communities instead of
dividing and destroying them.
We oppose Forest City Ratner's "Atlantic Yards" proposal in Prospect
Heights, Brooklyn.
www.developdontdestroy.org
Over 5,000 members.
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