Late yesterday afternoon State Supreme Court Judge Joan Madden issued her ruling dismissing the suit brought by 26 groups challenging the environmental review process that led to the approval of Atlantic Yards. Judge Madden’s ruling weighs in at 71 pages and the crux of her finding is that the actions of the Empire State Development Corp. “were neither arbitrary, capricious nor an abuse of discretion” and satisfied legal requirements. She wrote that “the court is not permitted to second-guess the agency.”
Develop Don’t Destroy Brooklyn quickly promised an appeal of the decision pending a review. The suit challenging the taking of property for the Atlantic Yards projects is still in Federal court on appeal, but that suit was dismissed last year after a ruling that the litigation belonged in state court. Forest City Ratner has already demolished or is demolishing about half the buildings in the project’s “footprint.” In his authoritative Atlantic Yards Report, Norman Oder thoroughly analyzes the decision and concludes that the odds of success of an appeal of Judge Madden’s decision are not good (and reminds that suits challenging environmental review processes are notoriously difficult to win). He writes: “if it’s rare to succeed on state lawsuits challenging environmental review, the same is true on appeal, despite potential flaws in the judge’s decision, some mentioned below. The appeal of the federal eminent domain case was heard in October, with the three-judge panel often skeptical of the plaintiffs.”
Related Items:
BREAKING: Suit Against Atlantic Yards Environmental Review Dismissed [GL]
After eight months, state judge dismisses challenge to AY environmental review [AYR]
Judge Dismisses Lawsuit Seeking to Block Atlantic Yards [NYT]
Court bounces suit on Ratner’s Yards [NYDN]
3 responses so far ↓
1 Anonymous // Jan 12, 2008 at 8:22 am
I am sad. I can’t believe I may have to live in a city with an ugly. FG swan song designed residential theme park with a building called Miss Brooklyn, that I may have to see out my windows. Well, this Miss Brooklyn feels violated. How much did they pay that judge? Are 26 opposing community groups worth nothing? Oh the humianity, oh the Luna Parks, oh the Pennsylvania Stations…
2 Peregrine // Jan 12, 2008 at 8:40 pm
I am glad.
The stage hands, sound technicians, lighting operators and the men who will change the floor from basketball to the other venues will finally get the arena that will support their families.
The IDIOTS that have denied working class professionals (union jobs) from having a major venue to make a living need to move out and shut up.
3 Anonymous // Jan 13, 2008 at 12:57 pm
Huh? Wazzup, Peregrine? I have DENIED blue collar workers JOBS??? Because I detest ugly buildings that don’t jive with the area it is being planned for??? And, what, all you “working class” Union types will just sit around until the thing is finished? If you must throw stones at ye bretheren, throw away, because, you dilusional techie, I AM ALSO I UNION MEMBER. IATSE Local 52. There are many venues in Manhattan and Jersey that would be happy to have you. Who did you piss off, Van halen? RELAX. I am out of work also, if you have read the papers. The Atlantic Yards proposal will not solve anything.