July 10, 2009
First crack at EIS appeal denied; eminent domain case oral argument scheduled
Atlantic Yards Report
While neither side announced it, the first effort by Develop Don't Destroy Brooklyn (DDDB) and 25 co-plaintiffs to appeal the decision in the case challenging the Empire State Development Corporation's (ESDC) environmental review has failed, as the Appellate Division, First Department on June 30 denied leave to appeal in a one-line decision.
DDDB and fellow plaintiffs can now ask the Court of Appeals directly. The first motion in that appeal is due by the end of July.
It is not certain, however, that even a victory in the case would affect the ESDC's plan to have tax-exempt bonds for the arena or its plan to proceed with emiment domain. Victory might simply require a revision of the environmental impact statement--or it might upend the findings of blight.
Posted by eric at July 10, 2009 10:03 AM