In a setback to groups fighting the Atlantic Yards development, a suit by 26 groups challenging the environmental review for the huge project has been dismissed. Early details were sparse, as the decision was announced at 4:30 PM, but New York State Supreme Court Judge Joan Madden ruled in favor of the Empire State Development Corporation. Develop Don’t Destroy Brooklyn (DDDB) said it would appeal the case pending a review of the decision. In the 71-page decision, Judge Madden concludes that the ESDC’s action during the approval process “were neither arbitrary, capricious nor an abuse of discretion” and satisfied legal requirements.
“We are disappointed by the court’s ruling,” DDDB’s Daniel Goldstein said in a statement. “Pending review of the decision we plan to appeal. But let’s be clear: Atlantic Yards cannot move forward while the thirteen plaintiffs—homeowners, business owners and tenants—are in federal court in a separate case challenging New York State’s unconstitutional use of eminent domain. We expect to prevail in that lawsuit, as well as on the appeal of today’s decision.” A copy of the decision has been posted on the DDDB website. The full text of the press release is available by clicking here.
The Federal eminent domain suit is still in court. That suit was also dismissed, but the decision was appealed.
UPDATE: Forest City Ratner issued a press release at 6PM calling the decision “a major victory.” It quotes developer Bruce Ratner as saying: “We are very pleased with Judge Madden’s decision, as it further clears the way for Atlantic Yards and the thousands of jobs, affordable housing units and world-class arena – the Barclays Center – that will accompany the project. After an exhaustive three-year review process, we are continuing to move full speed ahead on the project, and today’s decision is a significant step forward.”
7 responses so far ↓
1 Peregrine // Jan 11, 2008 at 4:37 pm
It’s about time these lawsuits stop.
They have hurt the community, they hurt the people that lost buyouts and most important of all they are hurting the people that need the jobs in the arena.
2 Anonymous // Jan 11, 2008 at 4:59 pm
huh? the eminent domain abuse has to stop. it hurts the constitution.
3 red hook // Jan 11, 2008 at 5:49 pm
Yes, we really need those minimum wage jobs selling concessions in the arena. By the way, funny how the public supposedly “owns” the arena but Ratner got $300 million in naming rights from Barclay’s.
The only thing these lawsuits do is hurt Ratner. And the only thing building Atlantic Yards will do is make more than $1 billion in profit for Ratner.
4 Anonymous // Jan 11, 2008 at 9:18 pm
Was the judge on drugs or just in Ratner’s pocket?
5 Anonymous // Jan 11, 2008 at 9:58 pm
The lawsuits are proof democracy still exists(to some meager extent). Hang in there lawsuit people and keep up the hard work! We ALL need you…. not just the immediate neighbors of AY but all over the rest of Brooklyn and NYC!
6 Peregrine // Jan 12, 2008 at 7:57 pm
Red Hook 7:49Pm wrote;
“Yes, we really need those minimum wage jobs selling concessions in the arena. “
The stage hand union of Brooklyn, Local #4, Is relugated to Brooklyn and does not have Broadway or the Garden to employ their membership. This arena will provide many permanent, well paying jobs for the rank and file.
The SCUM that wants to deny those jobs have no business saying they represent the Bourough.
7 Anonymous // Jan 14, 2008 at 6:27 pm
But what about the envirnomental impact? Do we just keep pilling up the poop in one concentrated place like this, all for these jobs?