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January 16, 2008
Judge Dismisses Lawsuit Challenging Yards Review
Brooklyn Downtown Star
By Norman Oder
Opponents of the Atlantic Yards project suffered a significant setback last Friday, as a state judge dismissed a lengthy lawsuit challenging the legitimacy of the environmental review conducted by the Empire State Development Corporation (ESDC). The 26 community petitioners, led by Develop Don't Destroy Brooklyn (DDDB), vowed to appeal.
The decision by Supreme Court Justice Joan Madden came eight months after a court hearing and long after she was expected to rule, a consequence, most likely of a voluminous record. Developer Forest City Ratner called the decision "a significant step forward" and Brooklyn Borough President Marty Markowitz expressed satisfaction.
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A challenge to the use of eminent domain for the project was dismissed last year, and an appeal was heard last October; a decision awaits. Until the lawsuits clear, it's unlikely construction of the arena will begin. Despite questions about the state's look at traffic problems, its unwillingness to address preparations against terrorism, and its claims of blight, Madden noted that courts can't "second-guess the agency," but can only intervene when actions are "arbitrary and capricious or an abuse of discretion." That makes such challenges to the State Environmental Quality Review Act (SEQRA) hard to win, especially when the ESDC created a record of more than 22,000 pages.
Posted by lumi at January 16, 2008 9:23 PM