As Court Rules Again in Nets Favor, They Market Brooklyn Suites

New York's highest court has rejected arena critics' latest attempt to slow Barclays Center. The Court of Appeals last week refused motions to re-open two cases. They are now dead. All that's left is the critics' attempt to halt condemnation, which could be hurt by the latest rulings. The Nets are also restarting arena suite sales, saying they've already sold all but one of the 16 largest suites.
- Barclays Center Suites to Become 'Your Home Away from Home' - New Jersey Nets
- Efforts to use Columbia decision to reopen Atlantic Yards eminent domain, EIS cases rejected by Court of Appeals - Norman Oder - Atlantic Yards Report
- Gerges decision lingers, meeting on street closings tomorrow - Norman Oder - Atlantic Yards Report
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Hmmm..Something doesn’t fit here…Maybe it is this:
“…Re-launched in September 2009 with a new design to further celebrate Brooklyn, the Barclays Center Showroom includes a mock Loft Suite with immersive theater-style viewing to provide prospective suite buyers with the opportunity to experience actual sightlines from any suite during events…”
Oh wait, I got it: Yo, if the showroom celebrates BK, why is it in Manhattan? Makes no sense, RAT!!!!!
Oh wait, maybe it is because Kiki is still the coach. FIRE KIKI!!!!!!!!
HOLLAH!
by Shawn Carter on Feb 24, 2010 1:04 AM EST reply actions
Great! How many here will buy one? Cause I know I have 50K just sitting around…
by brett on Feb 24, 2010 2:08 AM EST reply actions
What year will these suites be available for sale? Anyone still believe the team will be in Brooklyn in 2012-13?
by MrT on Feb 24, 2010 5:23 AM EST reply actions
Not only will I buy one, I’ll live in it!
Seriously though, the Court of Appeals news is fantastic. That’s a huge step in the right direction to: a) beginning construction of the arena and b) having Proky officially take the reigns from the Rat man…. is it not N.I.?
by Rusty on Feb 24, 2010 6:43 AM EST reply actions
I would like to see Prokhorov’s suite. I wonder if it will come with Russian “economics students”.
by Ispartan on Feb 24, 2010 7:27 AM EST reply actions
The judge in the condemnation case MAY have been waiting for the Court of Appeals to rule.
The critics had asked the judge to issue an order putting condemnation on hold until the Court of Appeals ruled on their motion to re-argue the eminent domain case. That was a very long shot. With that now out of the way, the judge in the condemnation case could rule soon. The state intends to close streets around the arena site this weekend to facilitate construction, but that assumed the judge permitted condemnation to move forward.
When the judge rules in favor of condemnation, which is the most likely outcome, eviction should follow in a month or so. Vacating the premises—removing everyone and everything—at the arena site is required before the Prokhorov deal closes.
by Net Income on Feb 24, 2010 7:29 AM EST reply actions
@ Brett
I highly doubt 50K will get you a suite lol
by SmartNetsFan on Feb 24, 2010 8:26 AM EST reply actions
So the ruling was on Feb 18. Why would FCR not announce this favorable result? We only know about it because of Odor.
At the condemnation hearing, Delay, Don’t Develop Brooklyn chose not to defend their case. Does this mean that Judge Gerges doesn’t have to give them any concessions, with regard to fair price for taking their properties?
Also, it would seem that once Gerges rules against the motion of DDDB, does this set the stage for Prokhorov to permit the NBA to approve him?? I don’t see how anything could go wrong.
What about the other outstanding cases. Two of them sound like they would be thrown out after this decision. The other may not affect any construction anyway.
by jerry25 on Feb 24, 2010 8:36 AM EST reply actions
If Proky is approved by NBA, but chooses to hold off on signing all the papers until he levels Daniel Goldstein’s Condo, as specified in the contract, would he still be essentially the Nets Owner and allowed to conduct all business as an owner? Maybe Ratner would still have to co-sign NBA decisions with Proky?
Anotherwords, does signing the rest of the paperwork just entitle him to be Majority owner (as opposed to be just an owner). Signing the papers should entitle him to control Barclays, but doesn’t necessarily effect this year’s basketball operations?
by jerry25 on Feb 24, 2010 8:44 AM EST reply actions
@jerry25
I don’t know the specifics of when the vacant premises clause goes into effect. I’ve read that the deal isn’t done until the properties are vacated and I have read it’s done when the land is transferred.
I was nearby on Friday so walked around the area. There is some construction activity in the footprint—infrastructure and site clearing. A large building near Goldstein’s condo is being prepared for demolition. Area is pretty dumpy. The subway/LIRR station is quite well maintained if a bit of a labyrinth with access to 10 subway lines. One thing I noted that I can’t believe the critics missed: Nowhere on the signage announcing this is the site of the Barclays Center is there any mention of the Nets. There were logos of every sponsor and architects renderings of the arena, but no Nets logo or anything that says “Nets”.
As for the other two cases, neither is going to stop construction. As far as I know, the critics didn’t appeal the last case they lost: one arguing the MTA gave Ratner a sweetheart deal on the rail yards.
by Net Income on Feb 24, 2010 9:09 AM EST reply actions
Everyone has been paid off pretty well by Ratner and his cronies. While it has been blatantly obvious to everyone with a pulse what a scam this whole deal has been from day one, the good guys can’t seem to win a court case.
Really makes you sickened to be an American sometimes when this is the way things work in this country despite the false pretense of a democracy.
by Isaac on Feb 24, 2010 9:32 AM EST reply actions
Wow, judges at the Court of Appeals have been paid off!! YOu have any evidence of that? Wow.
by Net Income on Feb 24, 2010 9:38 AM EST reply actions
at Net Income – this whole thing has been a total screw job, it never should have even gotten this far. You are obviously in favor of the project so that is great for you, but while you may never admit it on here, i’m sure you know quite well what has been going on behind the scenes and “under the tables”.
by Isaac on Feb 24, 2010 10:03 AM EST reply actions
There’s no evidence. That’s what all of FCR’s lawyers are for.
by Morpheus on Feb 24, 2010 10:05 AM EST reply actions
I won’t say “paid off”, and I’m not saying “conspiracy”, but it’s easy to see a connection between Ratner and Sheldon Silver (who has benefited from Ratner largess (for example: http://atlanticyardsreport.blogspot.com/2008/02/scorning-no-donation-policy-fcr-gives.html). Silver engineered the appointment of Chief Judge Lippman.;
As noted by Norman Oder: http://atlanticyardsreport.blogspot.com/2009/02/and-whos-states-new-chief-judge-sheldon.html
and
the original Voice article by Wayne Barrett:
http://www.villagevoice.com/2009-02-11/news/paterson-duped-again-shelly-silver-gets-childhood-pal-jonathan-lippman-state-s-top-courts-job/#Comments
by SteveFtGreene on Feb 24, 2010 10:16 AM EST reply actions
The court of appeals ruling is big indeed for a couple reasons. One, it puts the eminent domain and EIS issues to bed once and for all. Second, it puts the lower court judges presiding over the outstanding matters on notice that the State’s highest court has no appetite for breaking new legal ground on the Atlantic Yards matter. The law is very clear and is very much on the side of AY. Even if the lower courts were to rule for DDDB and their co-petitioners, they will almost surely be overruled by the COA. As an aside, I think it also sends a clear message that the lower court ruling in the Columbia case will be overruled as well.
I would not be surprised if Gerges was waiting to take the temperature of the COA before issuing his decision.
by Corey on Feb 24, 2010 10:18 AM EST reply actions
@Corey
Exactly.
I wasn’t aware that the CO Appeals was due to rule on this case, which is much more important that Judge Gerges.
Now Gerges would be a rogue judge if he didn’t just stick with the Condemnation case that was supposed to be ruled on.
I wonder if Delay, Don’t Develop Brooklyn would want to reconsider their case before Gerges, since they never presented a case when they had a chance. What will their compensation be?
I expect Proky will now be able to live up to his promise of NBA approval right after the Olympics.
“Then we will have a Summit”
by jerry25 on Feb 24, 2010 10:47 AM EST reply actions
@NI
At what point does someone get banned for trolling? I think it’s a fair question. Not that I’m naming names or anything.
by Anthony on Feb 24, 2010 10:48 AM EST reply actions
Good to see Jay-Z involved in these type of events. He’s been a no-show at the games this year (who can blame him), but to continue to have a presence reinforces his ability to attract free agents beyond Lebron.
by eLone on Feb 24, 2010 10:50 AM EST reply actions
Keep in mind that this is not the ruling from Judge Gerges, this is from a different judge(s). If Gerges says no to the condemnation, it’s a step back for Ratner in a big way. There are still other lawsuits if anyone actually did fully read Oder’s latest entry. Of course if anyone is interest, though I know most of you would not bother to attend, there will be a public meeting tonight over in Brooklyn over at the Lafayette Avenue Presbyterian Church located at 85 South Oxford St near Lafayette Ave. The meeting will go from 6-8 PM, which will be good for those finishing work today. Don’t worry, because there will be no donations recquired, so those of you that support the project won’t have to worry about funding DDDB. This meeting will also include members from the DOT and the imfamous FCR. Again, this is a chance for some to give them a piece of your mind if you choose to come.
by Tal Barzilai on Feb 24, 2010 11:45 AM EST reply actions
@Tal
As Oder has written, the Gerges ruling is a long shot, just as the re-argument and the EIS appeal were. You know that and I know that. The other cases only matter if the judge grants a temporary restraining order to halt construction. Otherwise, they move forward as the construction does. It is increasingly unlikely that any judge at any level will issue a TRO to stop construction, not after the Court of Appeals rulings.
And considering that Goldstein et al asked Gerges not to rule on condemnation until the COA ruled on the re-argument, i think we can expect a ruling from Gerges in the next few days. The street closing hearing may in fact have been scheduled with the expectation that Gerges is about to rule.
Finally, two of the Court of Appeals judges in the November ruling argued that the case should never have reached the high court because it violated the spirit of the law established to end arbitrary delays in condemnation proceedings. That can’t help them in any of these cases.
The critics have never won a single ruling. Every case has been dismissed before it could even get to discovery.
by Net Income on Feb 24, 2010 12:46 PM EST reply actions
This is all well and good, but to invoke Winston Wolf, let’s not start sucking each others popsicles just yet. These rulings were issued a week ago, but why hasn’t Gerges ruled already if he were waiting for the Court of Appeals? Hopefully I’m just jaded by my experience with this AY saga and construction will be beginning shortly.
by Brian Y on Feb 24, 2010 1:05 PM EST reply actions
at Anthony:
“At what point does someone get banned for trolling? I think it’s a fair question. Not that I’m naming names or anything.”
You can name names – are you referring to me? Is this because I am a longtime New Jersey Nets fan that does not want to lose my team? Is that why you consider me (or others with similar thoughts) a “troll”?
This is America – and we are entitled to our opinions right? That is why chat boards exist. Or would you prefer everyone just repeats after you and kisses Ratner’s, Yormark’s and Prokorov’s feet too?
by Isaac on Feb 24, 2010 1:27 PM EST reply actions
http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=77845645
as copyrighted by the NJ Nets.
by Net Income on Feb 24, 2010 1:34 PM EST reply actions
SOOOOO when does mikhail officially take over? I hope its before our offseason.
by danxcr on Feb 24, 2010 4:07 PM EST reply actions
@NI
“Every case has been dismissed before it could even get to discovery.”
I don’t believe that discovery is allowed in New York for cases involving eminent domain.
by SteveFtGreene on Feb 24, 2010 5:17 PM EST reply actions
Net Income, unlike the other judges who have looked at the cases, Gerges seems to be neutral and looking at it thoroughly rather than just skimming through. He might just throw a wrench into the process here. I wouldn’t count out anything just yet. I can still remember when the state dodged a bullet with the West Side Stadium, so the same could happen here. As for that meeting today, I take it that nobody from here went to it, but that wouldn’t surprise me anyway seeing that most of you wouldn’t bother to attend, though there were a lot of supporters there. I doubt that the ruling from the COA will affect what he will make out of it. Whatever his ruling will be, it won’t mean the end for them because there will be other cases waiting in the wings.
by Tal Barzilai on Feb 24, 2010 10:35 PM EST reply actions

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