From an e-mail sent to the Fort Greene Association:
…I am a Fort Greene resident and I thought that the decision for Atlantic Yards to build was over. Are you saying that a continued fight at this point can prevent Bruce Ratner from proceeding with the construction even though he has gotten approval from the Mayor and Governor Pataki? I understand the reduction in the construction, but that is telling me that the development will continue —- only not as much as originally planned. Am I being mislead?
Following are the latest updates on the two major lawsuits against the Atlantic Yards project. The second lawsuit, relating to the flawed Environmental Impact Study, was brought by a coalition of 25 community groups including the FGA. We are currently awaiting the judge’s decision, which is expected any day. A win in one or both of these lawsuits could force the project back to the drawing board or stop it entirely.
ATLANTIC YARDS PROJECT LEGAL UPDATES
reported by Lucy Koteen, Develop Don’t Destroy Brooklyn (DDDB)
Environmental Impact: “DDDB et al. v. ESDC et al.”
New York State Supreme Court Justice Joan Madden needs more time to make her decision on the legal challenge to the state’s Environmental Impact Statement (EIS) for the Atlantic Yards project known as “DDDB et al. vs. ESDC (Empire State Development Corporation) et al”. Oral arguments for the case were held on May 3rd. At the time of the hearing Judge Madden said she would issue a ruling within four to six weeks. On July 19th, the court’s Motion Support Office issued a letter notifying the parties that the status of the case had been changed from “Standard” to “Complex” and that Judge Madden would have 120 days from the oral arguments to decide the case. A ruling is expected in early September.
It is clear that Judge Madden is taking time to seriously consider the many complicated and novel issues raised by this case. A successful court challenge to the Atlantic Yards EIS could send the project back to the drawing board. For a summary of the 11 Causes of Action filed by petitioners: http://dddb.net/FEIS/summary.php
Eminent Domain: “Goldstein v. Pataki”
The appeal in the eminent domain case known as “Goldstein v. Pataki” was filed at the end of July in the United States 2nd Court of Appeals. This is on the District Court’s Decision on the Motion to Dismiss the challenge to the Constitutionality of eminent domain use for the Atlantic Yards project. Oral arguments are scheduled to be heard on October 9th.
DDDB was joined by 25 neighborhood and civic groups, including the Fort Greene Association, and The Society for Clinton Hill to challenge the findings of the EIS.
For those legal eagles who want to read the appeal you can find it here:
http://dddb.net/documents/legal/eminentdomain/2007appeal/2dCir_Brief.pdf
For current information about the Atlantic Yards project and the opposition, look at the following websites:
Norman Oder’s Atlantic Yards Report
No Land Grab
Develop, Don’t Destroy-Brooklyn
South Oxford Street Block Association
