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January 12, 2008

After eight months, state judge dismisses challenge to AY environmental review

Atlantic Yards Report

Yesterday, Atlantic Yards opponents suffered a significant setback as a lawsuit challenging the environmental review for the project was dismissed by a state judge. Such lawsuits regarding projects in New York State are always longshots, given the discretion courts give to the reviewing agency, but Atlantic Yards opponents were hopeful after Supreme Court Justice Joan Madden seemed skeptical in court last May of some defenses offered in the case known as Develop Don't Destroy Brooklyn vs. Empire State Development Corporation (ESDC).

Madden's delay in ruling--she initially estimated she'd take four to six weeks, then predicted September--also gave some reason for optimism, though the best conclusion was simply that she was dealing with a voluminous record. (The administrative record provided by the ESDC was 22,754 pages in 38 volumes, according to her decision.)

Yesterday, however, little more than one business day before the closing and reconstruction of the Carlton Avenue Bridge--clearly a "fact on the ground" difficult to reverse and one involving significant city resources--Madden dismissed all the claims filed by DDDB and 25 co-petitioners, some of them broad-based organizations, others block associations.

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NoLandGrab: AYR delves into each of the points and reasons for their dismissal.

Posted by amy at January 12, 2008 1:54 PM