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February 29, 2008

Atlantic Yards opponents gain procedural edge in court, with arguments delayed until September

Atlantic Yards Report

The potential timetable for building the Atlantic Yards arena just got pushed back a bit more, with the 2011-12 season now a more likely best-case scenario.

Without explanation, a state appellate court has rejected the request by the Empire State Development Corporation (ESDC) and developer Forest City Ratner (FCR) that the appellate arguments in the case challenging the Atlantic Yards environmental review be heard before this summer. (The decision, dated Feb. 26, was received today by the parties.)

Instead, the five-judge panel of the Appellate Division, First Department, ordered the petitioners, whose case was denied by Judge Joan Madden in a ruling January 11, to file their legal papers by July 7, in anticipation of the court hearing oral arguments in the September Term.

The defendants, as expected, did see the court deny the petitioners' motion for a preliminary injunction to block the demolition of the Carlton Avenue Bridge.

But the court's timetable for the appeal represented an implicit denial of fervent arguments made by the ESDC and FCR.

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NoLandGrab: Tarnation! How long are they going to make us wait for our "public benefits?"

Posted by eric at February 29, 2008 4:18 PM