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February 27, 2009
Concerns 'Legitimate' But Project Proceeds
New York Law Journal
By Mark Fass
Here is a review of yesterday's decision by the New York State Appellate Division.
Proponents of the Atlantic Yards, the largest single-developer project in the history of New York, scored another legal victory yesterday as a state appeals court upheld the dismissal of a challenge by the coalition Develop Don't Destroy Brooklyn.
By a vote of 3-0 with one judge concurring, the Appellate Division, First Department, rejected numerous claims by Develop Don't Destroy, the most active opponent of the 16-building development regarding the lead agency's environmental impact statement and eminent domain findings.
The coalition might have legitimate grievances, the majority held, but it did not set forth any legitimate claims.
"While we do not agree with petitioners' legal arguments, we understand those arguments to be made largely as proxies for very legitimate concerns as to the effect of a project of such scale upon the face and social fabric of the area in which it is to be put," the majority held in its unsigned opinion, Develop Don't Destroy v. Urban Development Corporation, 104597/07.
Posted by steve at February 27, 2009 3:24 AM