A state appellate panel dismissed a case by tenants in the Atlantic Yards footprint who alleged that the state had not adequately prepared for their relocation.
“[T]he plan for services to the displaced residents that the respondent has adopted, including professional relocation consulting, real estate brokerage and moving services, the payment of moving expense, and an additional monetary payment for other ancillary expenses, provides a sufficient foundation for the respondent’s finding that a feasible method for relocation exists,” the decision reads.
The plaintiffs will seek to appeal to the Court of Appeals, the highest court in New York State, according to their lawyer, George S. Locker. He told The Observer that the judges had raised questions during oral arguments that were not reflected in the three-page decision.
“The court was very concerned the Empire State Development Corporation had no program and had no knowledge of the real estate market in the area,” he said.
The ESDC said in a statement, “The courts again have affirmed the state’s actions, clearing the way for this important development project that will eliminate blight and transform Brooklyn by bringing much-needed housing, transit improvements, open space and jobs to the community.”
Well, there are two other lawsuits still pending: a federal eminent domain case pressed by other tenants and property owners, now on appeal; and a state case challenging the environmental impact statement.