Monday, May 17, 2010

Tuesday at 2:30 pm: will Development Agreement get its day in court?

My preview, redux:

The last Atlantic Yards case to reach oral argument will be heard tomorrow, May 18; the issues include whether the belatedly-released Development Agreement can be formally added to the case and whether the case remains before a Manhattan judge already critical of the Empire State Development Corporation (ESDC) or moved to a Brooklyn judge who has ruled without question in the ESDC's favor.

The case, known as Peter Williams Enterprises, et al., vs. New York State Urban Development Corporation (aka ESDC), will be heard at 2:30 pm at 60 Centre Street, room 335, before Supreme Court Justice Marcy Friedman.

The plaintiffs argue that the ESDC should not have relied on the 2006 Determination and Findings (D&F) to exercise eminent domain but instead should have issued a new D&F describing the public use to be served by the project as of 2010, given that the Development Agreement, among other documents, points to a much longer buildout.

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