NY State Supreme Court Rules for ESDC in Atlantic Yards Lawsuit

 

Project Cannot Move Forward While

Federal Eminent Domain Case Is Pending

 

Community Plaintiffs Plan Appeal

 

NEW YORK, NY — New York State Supreme Court Judge Joan Madden has ruled against 26 community groups led by Develop Don’t Destroy Brooklyn (DDDB) in their challenge to the Empire State Development Corporation’s (ESDC) environmental review and approval of Forest City Ratner’s Atlantic Yards project.

 

"We believe that the decision was wrongly decided and we are determined to appeal and win," said Jeffrey S. Baker ( Young, Sommer,Ward, Ritzenberg, Baker & Moore) lead attorney for the community plaintiffs.

 

“We are disappointed by the court’s ruling. 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,” said DDDB spokesman Daniel Goldstein.

 

“The concerns raised by the lawsuit still remain. And our elected leaders who understand those concerns, must gird themselves to bring more pressure to bear on Governor Spitzer, now that we’ve had this legal decision,” said DDDB legal Director Candace Carponter. “With the project in financial jeopardy and the real estate market treading in such troubled waters, and with a pending eminent domain lawsuit, it is time to rethink the Atlantic Yards project. It is time for the Bloomberg and Spitzer administrations to come back to the community and work to implement a development plan that can work, rather than one that is floundering and faces overwhelming community opposition. As Deputy Mayor Dan Doctoroff recently said, this project should come under local review, not state review.”

FOREST CITY RATNER STATEMENT ON STATE SUPREME COURT RULING ON ATLANTIC YARDS PUBLIC APPROVALS

 

Brooklyn, NY – January 11, 2008 – Bruce Ratner, CEO and Chairman of Forest City Ratner Companies, issued the following statement today regarding the State Supreme Court ruling on a lawsuit brought by opponents of the Atlantic Yards challenging the public approvals of the project.

 

“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,” Mr. Ratner said. “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.”

 

“Score a big victory for Brooklyn’s future. This latest court decision from State Supreme Court Justice Madden, which comes on the heels of a similar ruling by the Federal District Court last summer, reaffirms the public benefits of the Atlantic Yards project for Brooklyn — thousands of units of affordable housing, thousands of union jobs, and our much-anticipated return to sports’ major leagues. The project’s world-class architecture, on-site school, street-level shopping, and accessible public open space will enhance Downtown Brooklyn, knitting together surrounding neighborhoods to create a vibrant cultural center over Brooklyn’s largest public transportation hub.

Now, as we move to the implementation stage, we must ensure that impacts are minimized and any meritorious concerns of residents are addressed. With these goals in mind, let’s get the shovels on the ground, let’s get this affordable housing built, and let’s get ready to root for the Brooklyn Nets, our new home team!”

“For the fourth time, a court has affirmed the state’s actions in the Atlantic Yards project. We are very pleased with Justice Madden’s decision and look forward to construction of the arena, housing and other facets of this important, transformative development project.”