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Yards foes strike back again – New challenge to massive Ratner project is launched

Forest City Ratner Companies last week reiterated plans to break ground by the end of this year on phase one of the Atlantic Yards project.

The reiteration came after opponents of the $4 billion project — that includes the Barclays Center arena to house the NBA’s Nets and 16 mixed-use buildings — filed yet another legal petition trying to stop the project.

The project encompasses 22 acres south and east of the Flatbush/Atlantic Avenues intersection.

The petition asked the Appellate Division of New York State Supreme Court to overturn a lower court ruling backing the Empire State Development Corporation’s findings and determination to seize property in the footprint of the project.

“New York Courts have a proud history of interpreting the New York Constitution as providing greater protections for individual rights than the federal constitution,” said attorney Matthew Brinckerhoff, representing plaintiffs, including Develop Don’t Destroy spokesperson person Daniel Goldstein.

“This case presents an opportunity to continue that tradition by declaring that the New York Constitution prohibits the government from seizing private homes simply to turn them over to a developer who covets them for a massive luxury condominium project,” he added.

But FCRC Executive Vice President Bruce Bender said he expects this case to be dismissed as have several other lawsuits against the project.

“As expected, opponents have filed another law suit opposing the state’s right to use eminent domain. We’re fully confident that the courts will once again agree that this project is in the public’s interest,” said Bender, adding the project will create thousands of needed jobs and affordable homes.

Meanwhile, preliminary work on the project has been continuing.

According to a FCRC fact sheet, this work started in February 2007 and the Barclays Center arena will open in 2010.

To date, 31 structures in the project footprint have been demolished and an additional four buildings are being demolished or are slated to be demolished in the short term.

Currently there are now 11 vacant lots and 29 other remaining structures.

As per a Community Benefits Agreement (CBA), minority- and women-owned businesses (MBE) have received a large percentage of the work.

Construction contracts awarded at Atlantic Yards total approximately $44.5 million. The total MBE awards are $17.9 million or approximately 40.2 percent of total purchases.

Construction of a temporary rail yard for the Long Island Railroad is under way.

Additionally, the Carlton Avenue Bridge is in the process of being demolished and upgrades are being made to the 100-year-old sewer and water infrastructure have begun.