Editorial: Abuse of Process Opponents of the Atlantic Yards project - developer Bruce Ratner's $4 billion plan to build housing and a pro basketball arena on 22 blighted acres in Brooklyn - have had their days in court. And they have lost over and over again. On Friday, a federal appeals court summarily tossed a wacko attempt to block the state from using eminent domain to buy a handful of privately owned properties on the site. The opponents argued that Ratner had co-opted or corrupted every official who likes the idea of building 2,250 units of affordable housing there, along with a ton of market-rate housing and a home for the Nets. Such is the nonsense that the opposition, Develop Don't Destroy Brooklyn, has peddled for four years. As Ratner reached generous settlements with scores who lived or owned property in the development zone, the group charged that he had ensnared Mayor Bloomberg and Govs. Pataki and Spitzer into fabulously and unjustifiably enriching him. The federal judges rejected the claim out of hand, just as a Manhattan Supreme Court justice two weeks ago threw out a suit by the group alleging state officials did a faulty environmental review in order to, you guessed it, make Ratner wealthy. Now, the opponents are getting set to appeal again - and appear determined to wait the maximum of nine months before filing papers. This is the height of cynicism. The group is dragging its feet for one reason: to try to delay Atlantic Yards to death. Every month costs Ratner $12 million, and financing has become increasingly difficult in the subprime mortgage credit crunch. The developer has asked the Appellate Division to force Develop Don't Destroy to make its case on an expedited basis. That must happen. The opponents are engaged in an abuse of process that threatens great public harm. The court should order them to proceed forthwith so the matter can be decided on the merits once and for all. - From the New York Daily News Editorial: Abuse of Process, February 5, 2008
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