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ESDC in hot legal water after justice reviews case.


In the first legal setback for the Brooklyn community groups trying to derail de·rail  
intr. & tr.v. de·railed, de·rail·ing, de·rails
1. To run or cause to run off the rails.

2.
 Forest City Ratner's redevelopment of Atlantic Yards, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State Supreme Court justice Carol R. Edmead ruled that the developer can proceed with the demolition of six buildings now occupying the site.

At the same time, Edmead chastised chas·tise  
tr.v. chas·tised, chas·tis·ing, chas·tis·es
1. To punish, as by beating. See Synonyms at punish.

2. To criticize severely; rebuke.

3. Archaic To purify.
 the Empire State Development Corporation for using Forest City Ratner's former legal counsel to serve as an outside adviser on the environmental review of the Atlantic Yards, disqualifying him from the job.

Earlier this year, the group Develop Don't Destroy Brooklyn Develop Don't Destroy Brooklyn is a volunteer organization based in Brooklyn, New York City, opposed to Bruce Ratner's plan to move the New Jersey Nets basketball team to the neighborhood and build the Brooklyn Nets Arena, a combination sports arena and residential/commercial  filed a complaint against the ESDC ESDC Empire State Development Corporation
ESDC Extra Segment Descriptor Cache
ESDC Extremal Self-Dual Code
 for pandering to Ratner and not providing an independent structural analysis of the six Atlantic Yards properties the developer owns and plans to demolish to make way for the Nets arena. Develop Don't Destroy Brooklyn claimed the buildings were not in as bad a state of disrepair as Forest City claimed, but the ESDC gave him the green light to proceed with their demolition anyway.

An additional complaint concerned the state agency's use of environmental lawyer David Paget to provide an analysis of the site even though Paget had advised Forest City Ratner on the Atlantic Yards deal only two years earlier.

A spokesperson for Develop Don't Destroy Brooklyn said that opponents of Ratner's project are pleased with the rulings, even though the developer can now proceed with the demolition.

"We believe the far more important part of the decision was the decision to disqualify To deprive of eligibility or render unfit; to disable or incapacitate.

To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship.
 the lawyer ESDC was using," said Candace Carponter.

"She required ESDC to get an independent counsel--telling [the agency] that their client is really the public, not Forest City Ratner."

Carponter also promised that Forest City Ratner's opponents have not used all of the bullets in their legal arsenal yet and that further litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 is more than likely.

"We have not decided whether we will appeal this decision, but we certainly know that we will be litigating on many issues, including what we feel is the inappropriate use of eminent domain."

Forest City Ratner did not return calls for comment.
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Title Annotation:Empire State Development Corp. sued by Brooklyn community groups
Author:Misonzhnik, Elaine
Publication:Real Estate Weekly
Geographic Code:1USA
Date:Feb 22, 2006
Words:342
Previous Article:Lightstone deals.(Lightstone Group)(Brief Article)
Next Article:A rendering of the Santiago Calatrava-designed gondola system that the Governors Island Preservation and Education Corp. has commissioned.
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