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June 26, 2012

Court of Appeals denies effort by ESDC, Forest City to appeal timetable case; state must analyze impact of 25-year buildout; will leave cloud over project as arena opening approaches

Atlantic Yards Report

Bruce Ratner's legal losing streak continues...

Yes, the Empire State Development Corporation will have to conduct a court-ordered analysis of the potential 25-year impacts of Atlantic Yards construction after all, leaving a cloud of concern over the project--and a rebuke to the state agency--as the Barclays Center proceeds to a September 28 opening.

The project was long expected to take ten years, but document signed in late 2009 gave developer Forest City Ratner 25 years.

More like long claimed to take ten years. Everyone knew there was no way it would get done in ten years, especially those making the claim.

The state agency, as well as Forest City, had sought to appeal a unanimous Appellate Division decision upholding a lower court's requirement of Supplemental Environmental Impact Statement (SEIS). The state Court of Appeals, in a decision issued without elaboration, denied permission for such an appeal. (Had the appellate court been split, an appeal would have been automatic.)

The decision to seek an appeal rather than pursue the SEIS and evaluate the impacts of an extended buildout had rankled community members who'd gone to court, in cases filed by two coalitions, led by Develop Don't Destroy Brooklyn and BrooklynSpeaks.

The lower court ruling required an SEIS to evaluate Phase 2 of the project, the towers planned east of Sixth Avenue and the arena block, thus sparing the arena. However, many questions remain regarding the parking lot planned to serve the arena, located on the southeast block of the site, destined ultimately for towers.

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Posted by eric at June 26, 2012 3:22 PM