Yet Another Atlantic Yards Appeal Dismissed

Today brings another legal blow for Atlantic Yards opponents, this time a bit more minor than Friday’s dismissal of a

Today brings another legal blow for Atlantic Yards opponents, this time a bit more minor than Friday’s dismissal of a lawsuit challenging the environmental review for the project.

Tenant attorney George Locker, who lost a case in November related to eminent domain and tenants in the project’s footprint, saw his appeal dismissed today, according to developer Forest City Ratner.

The suit’s dismissal would seem to lower the chances of success on any of the suits brought by Atlantic Yards critics, all of which are past the first judicial level (i.e. headed toward or past the appeals process).

The major remaining suit in the eyes of critics is the federal suit brought to challenge the use of eminent domain, currently being considered by a three-judge panel at the appellate level. Yesterday, plaintiffs Develop Don’t Destroy Brooklyn put out a release saying that one of the three judges had recused himself from the case, an act that came months after a hearing where he said he had received and responded to a promotional mailer from the developers.

Press release below:



(Brooklyn, NY) – January 16, 2008 – Bruce Bender, executive vice president of government and public affairs at Forest City Ratner Companies, issued the following statement in regard to today’s New York State Appellate Division’s decision to deny a motion for an appeal brought by project opponents over the State’s use of eminent domain.

“This is the second time in less than a week that the courts have decided in favor of the Atlantic Yards project," said Bruce Bender. “This latest court victory is not a surprise because for the last four years we have made every effort to work closely with community organizations and leaders, and with state and city agencies. This is an exciting time as we are even closer to making Atlantic Yards and its thousands of jobs, affordable housing units and professional sports team a reality for Brooklyn.”

This is the second court victory in a week for Atlantic Yards. On Friday the State Supreme Court rejected a lawsuit brought by opponents of Atlantic Yards challenging the public approvals of the project.

Yet Another Atlantic Yards Appeal Dismissed