Ownership Transfer Could Slip To May; Mass Protest Is Planned
by Net Income on Mar 20, 2010 1:54 AM EDT
in Brooklyn
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NBA Deputy Commissioner Adam Silver said this week that the transfer of ownership from Bruce Ratner to Mikhail Prokhorov appeared to be on track, and possibly could be voted on at the NBA Board of Governors meeting on April 16. But a reading of how evictions work seems to indicate that deadline could slip. Indeed, Nets officials are now starting to think the NBA won't get to vote on Prokhorov til late April or, more likely, early May.
The issue relates to a clause in the contract between state on one hand and Ratner and Prokhorov on the other. It requires all properties in the Barclays Center footprint to be "vacated", that is empty, before the arena lease can be drawn up. The lease is the final step in the Nets sale.
Although the ESDC has told those living in the footprint they must leave by April 3, most are unlikely to do so. The judge in the case can order an eviction at that point, authorizing officials to enforce his order. However, once an eviction order is issued, the judge can extend the deadline on a case-by-case basis, giving residents more time to relocate before authorities show up to seize their property. That process will take time, an ESDC spokesman told the Brooklyn Downtown Star, without saying how much time.
Meanwhile, a protest leader at Freddy's Bar says he's contacted eminent domain critics around the country hoping to raise an army of 6,000 protesters to stop authorities from seizing the bar. He adds he's willing to go to jail if need be. "Its going to be a big standoff," he promises.
- Property owners must relocate soon or face eviction - Daniel Bush - Brooklyn Downtown Star
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As I have predicted
this project is a joke! Even supporters have to admit the sheer number of delays on this project are mind-boggling! How can something of this magnitude be delayed so often? Because it was never meant to get off the ground, that’s why! I don’t mean that there are mystical forces conspiring to kill Barclays’, but real world forces that will never allow such a ridiculous project to be initiated. This latest set of delays isn’t even being caused by protestors/ residents. Despite Ratner’s rather effective spin machine, the truth is Barclays’ Center’s fate was determined the moment The Rock opened its’ doors. At that point, there was no real need for Barclays in this region. The sooner the Barclays’ Center project is cancelled, the better for all Nets fans and the team. It has been an albatross around the team’s neck for far too long and will NEVER compete with the Garden for prime events or popularity. It is doomed to failure for a number of reasons that I don’t care to re-hash because it would simply take too long.
Yes two weeks delay means it's dead
You do recall that it’s taken seven years and 34 court decisions to get this far, that most everyone predicted it wouldn’t work. But if it dies, there are a group of investors in Kansas City who have approached the Nets, so you’ll be able to root for them in another Ellerbe-Becket designed arena, the Sprint Center.
Mystical forces at work! Now God is on the side of the Delayers. My lord. The joke here is the thought of a mass protest. I suspect 50 people will show up. But let’s get real. Doomed to fail? I do think Morph believes there are divine powers at work. No, projects of this size and scope take tremendous time in NY. It is over. Nothing will doom it at this point. There will just be more delays, but nothing much more than a few weeks. The forces are forces of money and power and vision for change. And here is a solution. I am sure Rat will pay for this too: pick up Freddy’s and move it to another location just outside the footprint. 6000 people: hope the weather is good or it will be 60
Freddy's is owned by ESDC so Ratner can't make any offer.
I’m sure the people at Freddy’s would be more agreeable to some deal, but not sure how that could be done at this late time. They had their chance before.
Freddy’s 2 would probably thrive beginning in 2012, when Barclays opens. They understand what it is to make a living, unlike Daniel Goldstein, who just wants revenge against Ratner, and doesn’t want to be a loser.
Just wondering whether come Fall of 2012, if “bad things” could happen at Freddy’s 2 as a result of all the troubles they are causing to Prokhorov. I’ve heard of something called the Russian Mafia. Maybe Freddy’s people should start thinking about their future.
SB Nation and NetsDaily commenting rules
just curious if NetLogic can explain the commenting rules of NetsDaily and SB Nation when it comes to unfounded personal attacks against network users.
I’d like to know if there are any rules so I can start my own unfounded personal attacks with impunity or not.
by Daniel Goldstein on Mar 20, 2010 10:00 AM EDT up reply actions
Yes, DG
I have nothing to do with this site other than being a fan of the Nets and a big supporter of the move to BK
-Over? Did you say "over"? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no!
apologies NetLogic, my bad
Jerry25, you say that I “don’t understand what it is to make a living.” nothing historical in that, it is a an unfounded and false attack. but i understand that that is not particularly important to you. whoever you are.
by Daniel Goldstein on Mar 20, 2010 4:36 PM EDT up reply actions
KMart huh?
Did you happen to be a fan of the early 2000’s Nets Daniel?
-Over? Did you say "over"? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no!
who are you replying to?
-Over? Did you say "over"? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no!
This post from above
Mystical forces at work! Now God is on the side of the Delayers. My lord. The joke here is the thought of a mass protest. I suspect 50 people will show up. But let’s get real. Doomed to fail? I do think Morph believes there are divine powers at work. No, projects of this size and scope take tremendous time in NY. It is over. Nothing will doom it at this point. There will just be more delays, but nothing much more than a few weeks. The forces are forces of money and power and vision for change. And here is a solution. I am sure Rat will pay for this too: pick up Freddy’s and move it to another location just outside the footprint. 6000 people: hope the weather is good or it will be 60
by oman8 on Mar 20, 2010 3:52 AM PDT reply actions 0 recs
More like 15 jerks that need to get a life...
I hope they rot in jail.
by rundmc00 on Mar 20, 2010 7:15 AM EDT via mobile reply actions
right
devoted, obsessed fans of perhaps the worst team in history have a life.
by Daniel Goldstein on Mar 20, 2010 9:58 AM EDT up reply actions
Hey Mr. Goldstein and SteveFtGreene
keep up the good work! Your actions won’t be in vain. This project is a scam and has always been about real estate at the expense of the citizens of the State of NY, not our team. Your work is about more than this one project; it’s about greed and abuse in America as a whole. Keep fighting the good fight, no matter what!
and it is certainly about much more than then the Nets
the Nets are but a sideshow .
there you go again Jerry with your “historical background” nonsense.
by Daniel Goldstein on Mar 20, 2010 4:38 PM EDT up reply actions
Actually, things are probably progressing right on schedule.
Back in Dec., Jan., it was only hoped that Daniel Goldstein would be off the premises by some time in May, as he had always said he would have to be thrown out. Some thought he would remain into early Summer.
The only thing that has changed is that the NBA now won’t approve Prokhorov until all the details of sale is complete. Maybe the NBA was unaware of those details back in February, when we thought he was going to be approved?
At this time, Ratner and the NBA should try to figure out a way so that this anticipated final delay doesn’t jeopardize Nets hopes to seek the best new coach and prepare for draft and free agency.
What if Prokhorov could be hired by Ratner to be a staff member of the Nets. That would give him the right to have basketball discussions with Thorn and even interview potential coaching candidates. It would give the appearance that the inevitable would occur, with Prokhorov as the new majority owner. It would demoralize the opposition.
Another move could be to “conditionally” approve Proky, pending the final terms of the “sale” being met, so that the moment the Sheriff’s Office vacated the properties, the transfer of ownership would happen. This move could save a couple of critical weeks for the “Board” to vote.
This deal was always about the real estate, not the Nets.
by SteveFtGreene on Mar 20, 2010 8:42 AM EDT up reply actions
Ratner isn't smart
‘cuz he’ll never get his way. Seven years of losing money hand over fist with nothing to show for it doesn’t seem to smart, does it?
What it's about
is competing visions of urban redevelopment. Again, so what if it was about “real estate”? Everyone knew from the day the Gehry renderings showed up on the front page of the Times that it was something quite different.
so you say
I’d say its about competing ideas of how government should work.
by Daniel Goldstein on Mar 20, 2010 4:39 PM EDT up reply actions
This is how the eviction process plays out
This is very typical for an eviction process. The landlord / owner gives the occupant a notice to vacate that specifies when they have to leave. It’s not uncommon for people to stay past that date. Once the date has past, the landlord can then go to court and seek a judge’s order of eviction. The court sets a date for the parties to appear and the occupant still has the opportunity to defend themselves against the eviction proceeding. If the landlord has given the occupant a proper notice to vacate, and the notice was properly served on the occupant, then the court will order the eviction. But the court will typically “stay” the eviction for a period of time so that the occupant can find a new place to live. Judge’s have a lot of discretion in regard to how long they “stay” the eviction. It could be as little as a few days, but it could be months.
As a Nets fan I was hoping this process would already be over by now. This move, in my opinion, is going to be good for the franchise and for Brooklyn. I can’t wait to see them play in Brooklyn. I can’t wait to see a game that is actually packed with Nets fans.
But, I have no ill will towards the people who have been fighting to stay in their homes and businesses. No one likes being told they have to leave their home. Who knows what any one of us would have done if someone knocked our door and said we had to leave. We’d probably tell them to go to hell. That being said, I would have taken the money a long time ago and moved on with my life. Sometimes you start fighting an unwinnable battle and you just don’t know how to stop fighting. The fight becomes the focus of your life and you don’t know what else to do with yourself. I hope that the final holdouts can find peace with the inevitable outcome and move on with their lives. I wish them nothing but the best in the future.
by GeoffreySchmits on Mar 20, 2010 8:54 AM EDT reply actions
Daniel Goldstein will end up having all his possessions placed outside his building (or the Barclays property)
The original owner of my home had it happen to him. After bankruptcy and eviction and refusal to leave, the Sheriff’s office ordered the contents of the house to be moved onto the front lawn for removal. At least that is what my neighbor witnessed.
In this case, Daniel Goldstein is on record for months as saying that he knows he will have to find another place to live. Supposedly he already has well to do family who could provide him immediate (temporary) residence if necessary.
Given the fact that he has known this for some time, I don’t see why the Judge would be so lenient and give him more than a few days extra time.
Also, I wonder if it would be possible for some organization to set up a charity fund to help with relocation.
That way Ratner/Prokhorov could legally contribute to such a fund, and there would be no excuses left.
Why not set up such a fund at this time, to avoid delays after April 3 ??
This will undoubtedly play out in to May
Hopefully, everyone will ultimately get the help they need to move their possessions, but this won’t be wrapped up on April 3rd. When the occupants don’t leave on April 3rd, the ESDC will file their petitions with the court. The court will have to set a dates for the parties to appear. It could take more than one court appearance before the Judge issues a warrant of eviction. And then the Judge can still grant a “stay” of some length. I have no idea what the Judge will view as a fair amount of time at this point.
No matter how it plays out, I don’t want to see anyone’s possessions out on the sidewalk. I know this has been a heated battle over the years, but I personally don’t want to see anything like that.
Bottom line – it will probably be over relatively soon and diehard NETS fans like ourselves can save all of our stress for how high a seed we are going to be in next year’s playoff run.
by GeoffreySchmits on Mar 20, 2010 11:01 AM EDT up reply actions
That's their choice
Not all the tenants—and most of those affected are not property owners—are plaintiffs in the various lawsuits brought against the project. Already, a large number of them have left, and at least one plaintiff has joined them. I don’t think anyone knows at any given moment how many people still need to find another place to live. Before the groundbreaking, the state reported that 35 people in 22 residences and three operating businesses were still in the footprint.
I suspect by the time April 3 rolls around, that number will have dropped, perhaps to a handful. I also think Judge Gerges can’t be too crazy about Freddy’s trying to preemptively organize a massive protest against an order he has yet to issue. Freddy’s leases the bar. Ratner has owned it for at least three years.
Gerges’ ruling, which the critics hoped would save them, instead cut off every argument they had made. 82 pages long, I thought it was an attempt to vacuum seal the issue.
“An army of 6,000” coming to protest the closing of a hideous dive bar.
I just hope someone throws that one on YouTube. And this Goldstein character only hasn’t had his condo more than a decade… Anybody else would’ve leapt at the opportunity to turn a profit as quickly as he would’ve with The Rat’s initial offer. But, I guess some people just like the sound of their own voice… Maybe they’ll name a bench after him in a park or something to shut him up.
by JohnFromLongIsland on Mar 20, 2010 10:33 AM EDT via mobile reply actions
what do you know about it John, all the way there from long island? not a thing, apparently.
by Daniel Goldstein on Mar 20, 2010 4:41 PM EDT up reply actions
I will be proven right
and the Nets will NEVER move to Kansas City. Net Income has been pushing that rumor for a couple of years now, with no substance to prove it. Where is his evidence of KC investors? And he seems to forget that the Prudential Center gives the Nets a better chance of staying in the region than moving out. Newark is part of the largest and wealthiest region in the (currently) richest country in the world. KC is in Missouri. It may as well be a different country economically and geographically. KC may get an NBA team, but it won’t be the Nets.
I repeat: Barclays’ Center is a JOKE! It’s a complete bait-and-switch on the taxpaying public of the State of NY. If anyone ever bothered to investigate this fiasco, most of the folks involved would be thrown in jail.
there is substance
and it is not a rumor. It should also be noted that for the second preseason in a row there will be an NBA preseason game at the Sprint Center. The league likes the idea and last year, there were more people at the preseason game in Kansas City than there were at either of the games at the Rock.
If you want to believe that the Nets will stay in New Jersey if this falls through, go right ahead. It is a naive belief. I am not speculating and I have never speculated.
Then reveal what you know
and stop playing coy. And are the Nets playing preseason games in KC? I highly doubt it. I haven’t heard anything about that. If they do play games there, then get back to me.
I’m not saying KC won’t get an NBA team. If they built the Sprint Center, they must be under the impression that they have a shot. I’m saying that I don’t believe that team will be the Nets until I hear otherwise WITH FACTS, not just thru one person’s rumor mill.
I wrote what I could write
it’s in this thread. You either accept it or you don’t, but again, I am not speculating.
Not so hard to believe
If Brooklyn were to fall through, it’s not so hard to believe their would be interested investors in KC. Missouri and Kansas both have strong college basketball traditions and the city has had an NBA team in the past. I don’t know the history behind the Kings’ move from KC to Sacramento, but a new team would be playing at the Sprint Center – quite a difference from the old Kemper Arena. The Thunder have built up a nice following for their young and upcoming team – why not the NETS in KC? With the assets the NETS have – young talent, numerous draft picks, and cap space – why wouldn’t investors have an interest? Just not so hard for me to believe.
by GeoffreySchmits on Mar 20, 2010 11:33 AM EDT up reply actions
It is hard to believe
because NOTHING in the mainstrean media has suggested this as a possibility. And why would the Nets leave such a large and affluent market as this one to a smaller, poorer market. The only person that consistently brought this up as an option over the last few years is Net Income. I feel he’s using this rumor as a scare tactic; nothing more. Also, it’s not like the Nets don’t have an arena to go to in this region that would be acceptable for their needs. The Rock in Newark already exists and would be one of the newest and most spectacular arena in the NBA. Lastly, NI seems to hint the Nets will be playing preseason games in KC. I haven’t heard anything about that either.
KC investors may very well be inquiring about the Nets, but there’s a difference between putting out feelers and actually making a move happen. Seattle lost the Sonics because they had no acceptable arena for the team because the City and State didn’t want to foot the bill. This region does, and that’s the Rock.
You leave b/c of poor attendance
You would leave a large and affluent market when that market doesn’t support your team. Even during the runs to the NBA Finals, the Nets ranked near the bottom in home attendance. Those were exciting teams to watch – the fast breaks and alley-oops never stopped. But the place still didn’t fill up. I rarely missed a home game, but there were more than a few occasions when my friend and I were the only fans in our entire section – I’m not exaggerating. To this day, I still don’t understand how that was possible. Every night we were on a Jason Kidd Triple Double Watch and attendance still sucked. And that was before the Brooklyn announcement, so it wasn’t b/c fans felt abandoned or betrayed And don’t even get me started on how often there are as many or more fans for the visiting team than the NETS – that goes back to the Kidd and pre-Kidd ERAs as well.
I’m hoping they do better in Newark – it’s a better facility and there is more walk-up potential, so that should help. We’ll find out next season. They will undoubtedly pack Brooklyn. I’m looking forward to having a real home court advantage in Brooklyn.
But again, if Brooklyn were to fall apart and the Rock doesn’t produce improved attendance numbers next year, it wouldn’t surprise me to see the NETS in KC someday. I’m not that worried though – Brooklyn is going to happen.
by GeoffreySchmits on Mar 20, 2010 1:23 PM EDT up reply actions
Newark is NOT the Meadowlands
and the reason the attendance #s were so low was YankeeNets (ownership group at the time) decided to report actual turnstile #s at games, not ticket sales. If other NBA teams did the same, we’d find attendance #s would be low at other arena around the country (including the Garden). However, I am certain a Brooklyn arena in this region is redundant and unnecessary, and prohibitively expensive. I am totally confident it won’t be built, b/c the arena wars in this area have more to do with Newark v. Meadowlands, not Newark v. Brooklyn. The Barclays Center is all cattle and no hat. It won’t be built because it can’t be built and the fallout for politicos supporting this project will be intense and not without retribution.
I hope Newark does produce better attendance numbers
Either way – turnstile vs. ticket sales – I was at the games. They were empty. We used to count how many sections in the upper deck had ZERO fans. Most games is was at least a handful, even during the KIDD led runs to the NBA Finals. There was a kid who sat near our upper deck section and heckled Byron Scott during the games. There were so few fans some games, you could hear him throughout the stadium.
I’m just saying this large and affluent market hasn’t supported the team. Something had to change. For now it’s Newark. In the future it will probably be Brooklyn. If not, I can still believe KC as an option. The team has a bright future. They’ll end up somewhere where fans will support them. I personally hope it’s Brooklyn. That will add some real fire to a Nets / Knicks rivalry and rivalries make rooting for your team even more fun. Just my opinion. Peace.
by GeoffreySchmits on Mar 20, 2010 3:28 PM EDT up reply actions
I hope that ESDC gave proper legal notification of eviction, so as not to allow an appeal.
I know that in my state, a notice by an Auto company of termination of policy (due to failure to pay) is going to overturned by an attorney because the Auto company failed to send a Certified letter.
If not, it might be wise to cover all possibilities and hit them with Another Certified eviction notice, send a copy to the Judge and also give the Notice in person too. Lawyers will try to find any loophole.
haha
haha this sideshow business just keeps getting better…. every week…another lawsuit… another delay…..and then opponents say its “DIVINE” for the project to fail……when they themselves are the reasons for the delay…..
in either case…. eviction is INEVITABLE….. so if the holdups want to stay a few more weeks… go right ahead…..because once that judge signs that document…… i guarantee you that Bruce Ratner himself will do the evictions
by blazin pp face on Mar 20, 2010 11:26 AM EDT reply actions
I really believe that Ratner will be sitting next to the controls of the Rig that holds the Wrecking Ball.
It would be like one of those cheap Movie comedies.
If they use dynamite instead, Ratner will break through the barriers and try to pull the switch himself.
I took a walk around the footprint a couple of weeks ago
or at least the arena footprint and a little beyond it. The building next to Goldstein’s looks like it is being readied for demolition. When it comes down, it’s not going to be pleasant. It has to be taken apart piece by piece.
Goldstein knows that his building is critical to the arena. His condo sits above what will be center court at Barclays. All the other condo owners sold out long ago. I wonder if his wife still has her old apartment a few blocks away.
Normally that should be none of anyone's business. Or whether parents could provide support?
In this case, however, the main resister may already have the easiest means to relocate quickly.
That could be useful to an otherwise compassionate judge.
I can see details of the 9 story Condo from a Bing “birds eye” view of the property. It must have been taken recently, because the area looks like World War II ?
they neither use dynamite or wrecking balls,
they neither use dynamite or wrecking balls, Jerry, this isn’t Bugs Bunny.
by Daniel Goldstein on Mar 20, 2010 4:43 PM EDT up reply actions
Well then tell us how will they do it? You must have seen other buildings go down at Barclays?
All the buildings I used to see get demolished in downtown Manhattan used dynamite and wrecking balls. That was a long time. Have they gotten more sophisticated? How so?
Perhaps if there are no residents in surrounding buildings they will do it the easy old fashioned way?
No evictions next month afterall
What happened to saying that they would be evicted in April? Now that upcomming court case that I recently mentioned will mean something now especially if it does rule in their favor. BTW, in this the ESDC has to use present findings. not past findings. Even Davd Smith, who is the founder of the Affordable Housings Institute, claims that one cannot use the term blight especially when they don’t know what it means or tend to misuse. BTW, Ratner did miss payments over at MTC yet he claims to be fine on this one, which shows he is still in bad shape financially. Then again, I wouldn’t be surprised that in May the evictions would be delayed again. On a sidenote, cut the personal attacks aimed at Goldstein and the opposition and please prove where they are being selfish and anti-developement rather than just making some repeated talking point while trying to dodge the real question with either common sense or good faith.
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