Recently State Supreme Court Justice Marcy Friedman ruled in favor of Develop Don’t Destroy Brooklyn in a lawsuit against the Empire State Development Corporation’s involvement with the approval of Forest City Ratner’s Atlantic Yards project.
The judge accused the ESDC of “what appears to be yet another failure of transparency.” In Friedman’s decision she took apart the ESDC’s environmental impact study and criticized the ESDC of purposefully producing documents to deceive the public and judges like herself.
In Friedman’s decision, she states “ESDC went so far as to state that this document “summarizes many of the salient elements of the general project plan.” This summary, of course, said nothing about the 2035 outside substantial completion date for the Phase II construction, and merely stated that FCRC was obligated to construct the Project in accord with the MGPP which, in turn, contained the provision that FCRC would be required to use commercially reasonable efforts to complete the Project by 2019.”
Despite the first large judicial victory for DDDB and all the Atlantic Yards haters, the story has attracted little more than a “thanks captain obvious” response from the media and the public.
Norman Oder of the of the Atlantic Yards Report criticized the reception the announcement of the judicial ruling has received in the press. He pointed out the disparity in the coverage between the judicial ruling and the news that Shake Shack was coming to Brooklyn.
Not only are newspapers burying the decision in the back pages, he claims the article that appeared on page 35 of the Brooklyn edition of the NY Daily News didn’t even get posted online.
Maybe it is a conspiracy? Or maybe the judicial ruling simply confirmed what everybody already new? Or maybe now the controversy is as unbearably long as the project itself?
Or maybe the details of the project are simply too painful to continuously rehash over and over? To realize that one actually has little say about what goes on in their own community? Maybe the people who say ‘love it or leave it are right?
We certainly hope not. But it certainly feels like they end up being right most of the time.
“Nothing was announced today that’s going to impact construction,” Jeff Linton, a Forest City Ratner spokesperson told Bloomberg Businessweek in an interview after the decision.