To the handful of people that were paying a lot of attention to the Atlantic Yards fight
it came as no surprise that Judge Marcy Friedman ordered the ESDC to pay Develop Don’t Destroy’s legal fees in relation to the lawsuit they initiated which called for the ESDC to carry out a supplemental Enivronmental Impact Statement. Last year the Judge ordered the ESDC to perform the study and further ordered them to consider other developers that might be able to bid on Phase 2. I think we all know that this won’t happen but at least the courts have agreed that it should.
The case hinged on the fact that the original impact statement was predicated on a 10 year build out. Develop Don’t Destroy called foul because the developer had publicly discussed a 25 year build out. In court the ESDC said they believed it would only take 10 years. Develop Don’t Destroy tried to submit documents showing that the ESDC knew this wasn’t possible but the judge mistakenly wouldn’t admit them. Had she considered these facts its very likely that the arena would not have built.
What’s most interesting about this is that almost no one covered it. Of course Norman Oder wrote a short novella about it
, and a couple of blogs picked tha
t up. Today is the one year anniversary of the ribbon cutting.
Barclays Ribbon Cutting