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June 27, 2012
Atlantic Yards faces a small setback
The state's top court ruled that the developer must forecast the Brooklyn project's effects over 25 years of construction, not 10.
Crain's NY Business
by Ian Thomas
Forest City Ratner and the Empire State Development Corp. must conduct a new supplemental environmental impact statement of the Atlantic Yards project, as the New York Court of Appeals revealed Tuesday that it would not hear an appeal of lower court rulings.
The developer and the state's development arm opened themselves up to the legal challenge by modifying the plan in 2009.
The plan for the Brooklyn project, which includes the nearly complete Barclays Center and was first unveiled in 2003, was changed when it became clear that it would take far longer than the original estimate of 10 years to complete because of the recession and lawsuits filed by opponents. They successfully argued that the environmental impact should examine the effects on the neighborhood from 25 years of construction.
"We're pleased the court did not hear the appeal," said Jeffrey Baker, a partner at the law firm of Young Sommer, which represents Develop Don't Destroy Brooklyn, a community group that was involved in bringing the original lawsuit back in November 2009. "This is an opportunity for the government to rethink and reformulate this project."
NoLandGrab: Let's be clear the plan was never "changed." The 10-year claim was pure hogwash from the start. And the project will take far longer than 10 years to build due not to the recession or (completely warranted) lawsuits, but because there was no way it could ever have been built in 10 years.
Related coverage...
Park Slope Patch, State Loses Final Appeal in Atlantic Yards Fight
Tuesday’s ruling ends more than a year of appeals by the Empire State Development Corporation (ESDC). There is no additional avenue for appeal.
Posted by eric at June 27, 2012 5:39 PM