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December 23, 2007

Still waiting for Madden; decision on AY environmental challenge lingers

Atlantic Yards Report

Norman Oder reminds us (for those who need reminding) that there are decisions still pending on the legal challenges to Atlantic Yards in the state and federal courts. We've been looking fo a decision from State Supreme Court Justice Joan A. Madden since September.

The case has lingered for three months more, undoubtedly causing nervousness on both sides. I don't think we can read anything into the delay other than that it's a complicated case and the judge is trying to rule carefully.

On the one hand, such challenges to environmental review rarely succeed. On the other, Madden did express skepticism regarding the state's assertions of "blight" and whether the project is actually a "civic project."

A successful suit might block the project entirely--even as Forest City Ratner has sunk significant sums into pre-construction demolition and railyard work--or require a revision of the environmental review, which could delay and change the project.

Also pending is a decision from a federal appeals court, after a hearing in October, regarding an appeal of the dismissal of the Atlantic Yards eminent domain challenge.

What will be the result of these pending decisions? Stay tuned!

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Posted by steve at December 23, 2007 9:10 AM