Judge Rules in Favor of Community Groups in AY Case

Atlantic Yards Report just published a post saying Supreme Court Justice Marcy Friedman has ruled that the Empire State Development Corporation must carry out a new phase of environmental review. The petitioners in the case in question included civic groups organized by BrooklynSpeaks and Develop Don’t Destroy Brooklyn, who took issue with the state’s use of a 10-year build out in its Modified General Project Plan. Friedman ruled the 10-year time frame “lacked a rational basis and was arbitrary and capricious.” The ruling isn’t going to affect the Atlantic Yards construction already under way as because Friedman wouldn’t issue a stay on the work. Atlantic Yards Report has the following to say about the ruling’s repercussions: “The decision will require additional bureaucratic hurdles and may require additional mitigation measures regarding an extended interim surface parking lot, or construction procedures. And it should help shape public perception that the ESDC has been too gentle with developer Forest City Ratner (FCR).”
Breaking: Judge Rules for Community Groups [AY Report]

7 Comment

  • fsrq rant countdown clock is ticking…

  • Well, that oversized parking lot really is just going to be wasted space. In essence, this is a good thing.

  • Sure, drag it out longer now. You people over there get what you deserve with this.

    I suspect this is not the desire of all the current neighbors. If it is, fine. Wallow in it.

  • No rant…its a meaningless verdict – there is no stay on either Phase I or II so it doesnt matter. I mean it annoys me that the city and state have to fund a defense of DDDB’s masturbatory litigation – but I guess even lawyers have to eat

  • Don’t worry — I’m sure Bloomberg will find a way to funnel some more of out tax dollars over to Ratner so that the poor developer won’t be out even one penny.

  • This isn’t about delaying or stopping the AY project. It’s about good governance, accountability and quality of life issues impacting those living near the footprint. My understanding is that the ruling means ESDC has to sponsor a new enviromental impact study that accounts for the fact that the project’s timeline has been lengthened from 10 to 25 years. The old EIS essentially became meaningless when the goal posts were moved by FCR. The aim is to minimize construction blight. Surely we can all agree on that?

  • This is from the Brooklyn Speaks press release. See the full release at brooklynspeaks.net. “Although this decision marks a major victory for the community, litigation against the ESDC and FCRC was never our first choice,” said Danae Oratowski, Chair of the Prospect Heights Neighborhood Development Council. “With no local elected officials having a vote in the approval process, and faced with decades of construction blight, we were ultimately left no other options. We now look forward to reforms at ESDC that will allow us to move forward constructively,” she added.