Demonstration at Governor Paterson's New York Office and the Empire State Development Corporation

THE FOLLOWING IS A LETTER WHICH WAS SENT BY THE COALITION TO PRESERVE COMMUNITY TO THE ESDC:

Dennis M. Mullen, President & CEO Empire State Development Corp.
30 South Pearl Street

Albany, NY 12245

January 21, 2010

Dear Mr. Mullen,

We are a six year-old community group of residents, workers, and

businesses in West Harlem writing to urge you to withdraw your recent

appeal of the Supreme Court, Appellate Division’s ruling in Kaur et al.

v. New York State Urban Development Corporation.

As the Court’s ruling in Kaur made clear, the record “overwhelmingly

establishes that the true beneficiary of the scheme to redevelop

Manhattanville is not the community that is supposedly blighted, but

rather Columbia University, a private elite education institution.”

The Court also found that Columbia’s proposed expansion was not a civic

project and that any public benefit was “incremental” to the massive

private benefits to be enjoyed by the University. The Court ruled that

the condemnation process overseen by ESDC had found blight where there was none, violated both the state and federal constitutions, and was

characterized by secrecy, conflict of interest, and collusion.

It was clear to the Court and it is evident to us, that the use of

eminent domain in Manhattanville was developer-initiated and

developer-driven.  The City and State had no plan for Manhattanville

until Columbia provided one to them.  ESDC sought no competitive

proposals and in fact completely disregarded the inclusive, diverse and

intelligent 197A plan created by CB9 over the course of more than ten

years.  The ESDC has merely served as a public tool in effecting the

desires of the University which has funded the condemnation process and

“shared” its consultants.  ESDC’s collusion with the University allowed

Columbia to use the threat of eminent domain to intimidate residents,

commercial tenants, and businesses and to acquire properties at

depressed prices.

We have been especially dismayed by the total disregard of the will of

the community and the democratic process in the condemnation

proceedings.  From the time of the announcement of the proposed

expansion, this community has been steadfastly united in its demand

that eminent domain be taken off the table.  ESDC, however, paid no

attention to the wishes of those most closely affected by its actions.

ESDC’s lack of respect for the community was further evidenced at the

public hearing held by your office.  No officers of ESDC deigned to

appear.  Instead, the hundreds of community members who attended and

scores of people who testified were heard by one hearing officer, a

stenographer, and a tape recorder.  ESDC also refused to provide

documents sought by local businesses facing condemnation despite

multiple court orders and knowing full well that its actions were in

effect excluding those documents from the record the Appellate Division

would review.

“Few policies have done more to destroy community and opportunity for

minorities than eminent domain,” the Appellate Division quoted in Kaur.

  “The instant case is clear evidence of that reality. The unbridled

use of eminent domain not only disproportionately affects minority

communities but threatens the basic principles of property as contained

in the Fifth Amendment.” The destruction of our primarily working class

Black and Latino community can be avoided.  It is time for ESDC to

reassert itself as an independent governmental entity serving the best

interests of all the people of the City and State, not just wealthy

private developers, and acting transparently on their behalf.  Withdraw

your appeal now.

Sincerely,

Members of the Coalition to Preserve Community

CONTACT THE COALITION TO PRESERVE COMMUNITY: Call (212) 666-6426,

646-812-5188, or (212) 234-3002 (se habla espanol)  or go to

www.stopcolumbia.org and sign up to be on our contact list.