Brooklyn Arena Eviction Hearing Set for April 21
by Net Income on Apr 13, 2010 8:10 AM EDT
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Lawyers for the Empire State Development Corp. will seek an eviction order for those remaining in the Barclays Center footprint during a court hearing a week from Wednesday. The judge in the case, Abraham Gerges, will then have to decide whether to grant the order--and set a date for the removal of the last holdouts. The number of people and businesses affected is uncertain. A month ago, there were 35 residents and three businesses still in the footprint. It is uncertain whether any have been relocated.
A lawyer for some holdouts doesn't believe Gerges will move quickly on an eviction request. "I guess that could happen," Matthew Brinckerhoff said of an April 21 eviction order. "I think that is manifestly unlikely, and borderline impossible, if nothing else because it's clear that Justice Gerges--he wants everybody to try to work this out somehow. He said this much in court. I think he's going to want to exhaust, as any judge should, frankly, all possible options before he orders the sheriff to come and remove people from their homes."
Brinkerhoff said he hoped to delay the eviction--and thus Mikhail Prokhorov's approval as owner--for months, while Charles Webb, the ESDC lawyer, said that each month eviction is delayed costs the developer $7 million.
- ESDC pushes for eviction order by April 21; lawyer for some condemnees says timeline is unlikely - Norman Oder - Atlantic Yards Report
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Hmmm
If I were Brinckerhoff, I’d be looking over my shoulders daily for large scary looking Russian men following me home.
7 million in delayed costs per month is not the whole story.
Apparently there were discussion on 4/9 and 4/12 with the judge.
Ratner’s people should argue that it is essential to get “a firm date set” for eviction as required by the NBA or else the consequences would be GRAVE and 7 million doesn’t even touch the damage to the franchise.
Also, they talk about sympathy, but maybe they can figure out a way to set up a charitable fund to help with relocation.
Then there would be no excuses left, since money would solve the remaining problem.
Finally they are trying to use the excuse of another pending case that is scheduled for a hearing on May 12.
However, that case can be decided separately and the judge has been clear that he doesn’t like all these delays.
They can easily set an eviction date on April 21 that comes after May 12 before the sheriff’s office is involved.
If they follow this approach, Proky could be approved via Email or Teleconference on April 22 and could assume full ownership shortly after May 12. He could be present at the draft lottery to see if he still has his Luck.
Let them set a firm date for July 1...
That gives the squatters over 2 months (not to mention the time they have already known that they are leaving) and will permit Proky to take over. There does not seem to be any reason not to set a firm date even if it is a couple of months in the future.
The NBA has gone out of its way to use the “firm date” language.
It goes without saying that the sooner Proky officially takes the reigns, the better (of course), but it wouldn’t be the end of the world if it took until July 1 (like rundmc00 said) for the ownership transfer to be completed. July 2, on the other hand…
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If eviction is delayed, then Prokhorov's approval is delayed?
This is exactly what the Knicks want until the free-agency frenzy this summer has ended without the NETS as a major player.
Can’t Rod Thorn still proceed working on deals and offers without Prokhorov being officially approved? Can’t Prokhorov start approving or rejecting behind the scene?
I think once we get a firm date for eviction things will move quickly...
And there shouldn’t be a hold up to setting a firm date even if it is a few weeks or even months in the future.
Why would the judge keep things vague? He set a firm move it date already of April 3rd but the squatters think they are above the law and stayed put.
Inglorious Bastards!
Yes, Delay Don’t Develop Brooklyn is down to 8 people holding up so much. Insanity writ large! What does the judge think? How will they work it out? Give them season tickets? Build Freddy’s into the arena? Come on, Judge, be a judge. Set a date and send the police in. . Seize the property. TIme marches on. These folks are not looking for a resolution: they are looking to Delay. Delay. Delay. They are waiting to be forcibly evicted to suit their version of this story. So why delay them any longer. Give them a week. They have had enough warning. We are tired of them. This is just theater at this point.
All we need is a firm eviction date...
It would only make sense for the judge to set a date (even in the future) since the squatters have shown no intention to move on their own. I place the probability above 50% we get a date from this hearing.
For sure, this idea had been uttered at Freddy's....but then again, maybe the KNICKS have a better deal for him
if he stays long enough to disrupt the hiring of the coach, draft pick, and free-agency plan of the Nets.
All these problems will miraculously disappear after the free-agency dust settles.
It's about money
At this point, I think they’re just waiting for more settlement money. They already lose. The only thing they can do is delay the project, which they know costs Ratner more money. If they get slapped to the face with millions of dollars, I’m sure they’ll walk out smiling.
They do not deserve the money...
Hopefully the judge sets the eviction date and they barely get market value in this depressed economy.
Just give them lifetime season ticket each in the highest corner ....
of theUpper Level of the arena … just to get these people out of there, so Prokhorov can start using his money to turn this team around QUICK!
They can scalp those tickets :D
That seemed obvious from hearing their lawyer's remarks. However the holdouts shouldn't be allowed to have excessive Profit from this.
The question is whether the two sides can reach an agreement by April 21, that satisfies Judge Gerges. No need to wait until April 21 before “talking turkey”. Then on April 21, Gerges can set a Firm and quick Date with no excuses left not to vacate the premises (or else the Sheriff will finish the task).
Not likely
I doubt that the ESDC will get the eviction order anytime soon. Even if they do, it is a complex process. It won’t mean that they will evicted immediately unless they do a secret assasinantion on them, which they won’t do. However, if they do get what they want, then it will be because of friends in high places.
The squatters will be very lucky...
If they do not end up in jail. The selfish behavior has turned criminal and there should be no financial benefit to their actions. Their delay tactics are obvious and the judge will act accordingly.
by rundmc00 on Apr 13, 2010 10:31 PM EDT via mobile up reply actions
They are NOT selfish
Why are they being selfish just for not wanting to give up their homes to developer they had said no to probably over a zillion times? Maybe I should say that you are being selfish when this happens to you. They are not being criminals in anyway or form. Just hearing this almost reminds me of how the Jews were being treated in Germany under the Nazis. They were being booted out of their homes and forced to go to concentration camps against their will. Some of their homes, stores, and synagogues were torched by Nazi supporters and the fire department did nothing to put them out. The rest saw those places being vandalized and got either arrested or beaten up by the police just for cleaning it off. Overall, the Nazis made the Jews in Germany feel like prisoners in their homes, and that’s what it reminds me the way some of you are treating the opposition as. The opposition has every right to keep their property. Just wait until they come for you and do something similar, and then we will see who is being selfish.
by Tal Barzilai on Apr 13, 2010 11:02 PM EDT up reply actions
Nazi Germany? Really?
This is the type of outrageous hyperbole I was referring to that needs to cease. I am sure that even Goldstein would reprimand you for the disgraceful comparison of those that support the Brooklyn move to Nazis, and in effect Ratner to Hitler. Think before you post next time, and please don’t make the tired excuse that you were only comparing them in one regard because you chose Nazi Germany over countless milder and more accurate examples of eviction in history so the intentional association of Brooklyn supporters with Nazis was clearly present in your comment.
The Legend
Nazi Germany?
You are a pathetic soul that should be banned from these boards. You betray the memory of many peoplke with your idiotic comments.
by rundmc00 on Apr 14, 2010 6:15 AM EDT via mobile up reply actions
This is why the critics have such little credibility
the endless comparisons to 1) Hamas, 2) Rwandan genocide, 3) Nazi Germany.
It’s a New York real estate deal with competing visions of urban redevelopment, not a larger morality play.
Using eminent domain to advance public-private partnerships is nothing new.
Why don't you move to China and try to get the Legal system to help you there.
You really don’t appreciate how fortunate your colleagues are to be able to abuse the legal system in New York City.
Pathetic
This is the kind of outrageous, inappropriate rhetoric that devalues everything you advance. While you may not agree on the Nets move to Brooklyn — do not support your argument with offensive garbage.
I would love to be there when DG finally ends this nonsense and gets out!
Tal I am the son of an Israeli mother
and a second generation Holocaust survivor…
I take an extroidinary amount of offense to what you have said, the baseless accusations and comparisons you try to make.
Calm down, relax…this is a real estate deal in New York City, not the enslaving and mass-murdering of 6 Million Jews.
Think before you post, it will save us all a lot of trouble from reading your nonsense.
-Say man when I was growing up we wanted a Jacuzzi, we had to fart in the tub.
I hope...
That Morp, Hex and Isaac have enough sense to not line up behind this garbage.
Highly unlikely
you see the nonsense that they spew on here as well
-Say man when I was growing up we wanted a Jacuzzi, we had to fart in the tub.
How it relates to this
Hearing the statments by Hitler can almost pass for what Ratner is saying. As a matter of fact, those cheering him can pass for members of BUILD and ACORN. The rest of you can pass for those who did vandalism of property for the Jews, and would call anyone who stood up to this the opposition. That’s how it relates to it, but some of you are not as intellectual as I am to understand this. Besides, some of those on DDDB do read this and do understand where I am comming at as they did with other analogies. Of course, I know that none of you will be going to that community meeting on 4/20 because you are probably more afraid of them then they are of you. BTW, that same case that was on Monday will get another hearing on 5/12 at the same place. I can similar things to your comments where you all make the same stereotypes and personal attacks on the oppostion, which I find to be the path of the weak and cowardly, not to mention even being more offensive. On a sidenote, seeing some of you making comments after midnight really shows that some of you either need to take some chill pills or even start using decaf, because I don’t know if that’s you or the coffee talking. Then again, some of you probably don’t have a life or even a job, because even I don’t comment at the times you did last night hence I am not here 24/7 meaning that I do have a life outside of this website.
by Tal Barzilai on Apr 14, 2010 5:52 PM EDT up reply actions
A few things...
I post on this site when my life allows me to…Not that it matters, but I work every day from 8am until 6pm, most days longer than that and have a social life…what is it to you if I post after midnight?
“Hearing the statments by Hitler can almost pass for what Ratner is saying. As a matter of fact, those cheering him can pass for members of BUILD and ACORN. The rest of you can pass for those who did vandalism of property for the Jews, and would call anyone who stood up to this the opposition.”
ARE YOU SERIOUS? Tal, wow you are comparing the MURDER and SLAUGHTER of 6 Million Jews and attempted annihilation of the Jewish people, gypsies and homosexuals by 1 man, Hitler, to a real estate development and the City of New York who are trying to create jobs and economic development in what is considered a “blighted” area, not to mention where no one has been had to deal with anything remotely close to being murdered.
It does not relate in the least bit.
I feel like I am taking crazy pills when I read your throw-up
-Say man when I was growing up we wanted a Jacuzzi, we had to fart in the tub.
For the record
I am not an advocate nor do I have any relations with DDDB. Nothing I say is from them, it’s actually from just me. I could say that some of you are advocates for FCR from how you guys talk like. BTW, Hitler did demand that property of the Jews and other minorities by taken from them and their possesions being stripped, which sort of does remind me of Ratner, but you are not that intellectual, so you will never truly understand it as I do. As usual, you gang up on me and use that you outnumber strategy in trying to silence me. Since I am Israeli-born, outnumberd doesn’t always mean outmatched, and that’s how we won the Israeli War of Independence especially by not listening to naysayers like you. BTW, threats don’t work on the Israelis, so don’t even try it because I am not scared. Nevertheless, Ratner’s promises have been found to be false especially when DDDB did a study from his numbers in claiming that they were taken out of proportion. I wouldn’t be surprised if the jobs at the arena will just be relocated employees who are working with the Nets right now rather than locals. Let’s not forget that many of the businesses that located in MTC, including the government agencies, didn’t hire locals, they just relocated their existing employees instead, which actually made unemployement in downtown Brooklyn even worse than it was before it came, plus a number of longtime local businesses such as Gage and Tollners was priced out due to the gentrification it had. Don’t bring up affordable housing, because it was found that lowest level of income won’t even be part of it, which was also find by crunching his own numbers, Another thing was found that it wouldn’t be likely to be built until the tail end assuming he gets there, and he will probably take the fine if he doesn’t build it, though he has been working with the ESDC to get around those fines. Overall, if he didn’t keep his promises with MTC, what makes you think that his Atlantic Yards Complex is any different? Since you don’t have access to his information, you will never know the true answer.
by Tal Barzilai on Apr 14, 2010 7:55 PM EDT up reply actions
It is amazing that you don't get it
Bruce Ratner is not a murderer Tal!!!!!! Hitler MURDERED 6 Million people…are you saying that Ratner is going to murder the 7 remaining holdouts? Because according to your logic that is the next step…
Dictator who wants world wide extinction of Jews or a developer who wants to put some cash in his pocket…
You contort ideas in your twisted head…You are not smarter than me
Everyone here except for yourself, Issac, Morph and a hand full of select others would agree your comments are over the line, offensive and outlandish.
-Say man when I was growing up we wanted a Jacuzzi, we had to fart in the tub.
That actually describes you
You don’t get the fact that you support a developer who is getting rich of our tax dollars and is abusing eminent domain. If anyone here is being ignorant, it’s you. In terms of property, the analogy does hold, because the Jews were forced to leave their property whether they wanted to or not and they were not given a choice by the Nazis, which is sort of what Ratner and the ESDC wants to do. The abuse of eminent domain does tie into it, and I am sure that those are against it and know their history well know what I am talking about. I will even ask them at the community meeting next week and see if they get it, and if they do, then you have to stop making the personal attacks on the opposition.
by Tal Barzilai on Apr 14, 2010 9:55 PM EDT up reply actions
I'm not making attacks on the oposition
Although I have done that in the past, I am speaking directly to you.
Stop bringing up Hitler and the Holocaust to the Atlantic Yards project.
Ratner is not murdering anyone.
Just stop it Tal, it is enough
-Say man when I was growing up we wanted a Jacuzzi, we had to fart in the tub.
Where is the evidence that this is down to just 8 holdouts?
You are right though, from listening to the Attorney, this is all about holding out for money. The judge would have no sympathy for Delay, Don’t Develop Brooklyn if there were funds available to help with any remaining difficult relocation.
Certainly at least one of the holdouts are not impoverished and have well off parents. About a $1 million fund should be enough to cover the hardship cases.
They should be able to work this out with the Judge BEFORE the April 21 Eviction hearing. It seems that they have been talking to Judge Gerges on April 9 and April 12, so ESDC should continue talking a fair but prompt settlement.
Just set a firm date on April 21, with guarantees from both sides. Should be simple enough.
BTW, we need Proky’s luck on draft lottery night, May 18, so it is preferable to have the eviction date before then.
Perhaps, once Proky is promptly approved, he can represent the Nets on May 18, but it would be better if he had full majority ownership control too. Then he could sign off on a coach and sign off on Thorn.
Better eviction date
It can be after the Mets win another World Series, though this doesn’t mean that I hate the Mets, I am just being realistic on this.
you're not being "realistic"
you’re not being “honest”. You’re being an advocate. You do not own the truth or reality.
I suggest you re-read Gerges 82-page ruling which left little wiggle room re condemnation and eviction. Brinckerhoff has predicted success using new theories of the law in the past and been dead wrong.
The Judge already set one date to leave...
He obviously is very serious about moving forward in a set period of time.
by rundmc00 on Apr 14, 2010 7:44 AM EDT via mobile up reply actions
You are no different
I can say similar things about you Net Income. The truth is that since nobody here as access to the actual information, and I know you don’t either, we will never know what will really happen. It’s so interesting how you say that you don’t work for Ratner, but get very defensive when a chink in his armor was found. I know that you are definately being dishonest on claiming that if the Nets don’t go to Brooklyn, they will end up in either Seattle or KC in which no evidence was ever found. I am still waiting for evidence on your claim that if this project doesn’t get built it will be because of the opposition when it’s really the MTA. Maybe you should go back to that NY Magazine article and read the comments from those that debunked your claims and said how misinformed you really were, because they really put you in your place there. Then again, you do go on record for slamming Oder even though he given more facts to his claims then you have. BTW, if Judge Gerges ruled the other way, would you be calling for him to be murdered for that? Let’s just wait from what the last court ruling will say, and with the new evidence needed from the LMDC, it can put a wrench into the process.
by Tal Barzilai on Apr 14, 2010 6:01 PM EDT up reply actions
Likening Ratner’s Brooklyn development to Nazi attacks on Jews… Speculating that N.I. would call for Judge Gerges to be murdered… what is wrong with you? You seriously, SERIOUSLY have lost all respect from the majority of this site’s readers – just by this thread alone.
By the way, I noticed that instead of acknowledging Gerges’ 82-page-ruling, you referred back to local MEDIA articles – at least one definitely written by a biased opponent of the project. Nice display of objectivity.
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I really like this quote from an NBA official...
According to Bass, Prokhorov’s bid to buy the last place Nets is on track to be voted on by the NBA’s Board of Governors once a firm date is set for the state of New York to take possession of the arena site, which he said is expected in the “near future.”
- * * * * * * * *
It makes so much sense for the Judge to lay out an eviction plan on April 21st and set a firm date for the final eviction even if it is several months or weeks in the future.
I doubt a Judge would say, you guys talk about it and get back to me. He already set April 3rd as the move out date so why would he not set a firm date this go around?
The NBA vote could happen by next week. However, I am not sure whether the legal deal could be complete prior to actual eviction but it definately appears that the NBA vote does not need to wait.
I don't see why they couldn't do the "talking between sides" between now and April 21.
Obviously, the evictees want some financial concession by ESDC, but won’t receive that without a written promise to leave.
Already there apparently have been talks with the Judge on April 9 and 12, so why couldn’t they continue to talk?
The Nets definitely need Proky to be in full control (not just approved) before the June Draft, not to mention the need to start serious construction in June, so as to finish within 28 months.
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