ay-model-01-2008.jpg
The legal challenges against Atlantic Yards are dwindling. On Friday afternoon a state judge dismissed a lawsuit filed by Develop Don’t Destroy Brooklyn and 25 other community groups challenging the project’s environmental impact review statement. In her 71-page decision, Justice Joan A. Madden shot down most of the lawsuit’s claims, which argued that the state’s review of the project didn’t fully account for its possible effects on traffic, security and open space. Forest City Ratner, Marty Markowitz and the ESDC hailed the decision. “We are very pleased with Judge Madden’s decision, as it further clears the way for Atlantic Yards and the thousands of jobs, affordable housing units and world-class arena—the Barclays Center—that will accompany the project,” said Forest City chief executive Bruce Ratner. The dismissal means the only major lawsuit still pending against Atlantic Yards is the one challenging the use of eminent domain for the project. DDDB says it plans to appeal Madden’s decision, and that the anti-AY fight still has plenty of life left in it. “We are disappointed by the court’s ruling. But let’s be clear: Atlantic Yards cannot move forward while the thirteen plaintiffs—homeowners, business owners and tenants—are in federal court in a separate case challenging New York State’s unconstitutional use of eminent domain. We expect to prevail in that lawsuit, as well as on the appeal of today’s decision,” said DDDB spokesman Daniel Goldstein.
NY State Supreme Court Rules for ESDC in Atlantic Yards Lawsuit [DDDB]
Atlantic Yards Environmental Impact Review Suit Dismissed [Gowanus Lounge]
Judge Dismisses Challenge to AY Environmental Review [Atlantic Yards Report]
Big Loss for Atlantic Yards Foes as Environmental Lawsuit Dismissed [NY Observer]
Judge Dismisses Lawsuit Seeking to Block Atlantic Yards [NY Times]
Atlantic Yards model from AtlanticYards.com


What's Your Take? Leave a Comment

  1. By the way 11:37- it is us “liberal global warming morons” who do realize how much bigger the world is- although how that plays into AY I can’t really tell- but you are certainly a classic example of the social conservative. Have you even heard of Antartica?

  2. Well, and you’re a fine representative of the race then. I was truly overwhelmed by the quality of your thinking, your grammer, and your grasp of discourse. It’s a forum- do you even understand what that means? Do you own a dictionary?

    Once again the pro-AY contingent must resort to insults and misrepresenting the other position. Probably because they can’t think that clearly or that far ahead. Must be the intoxicating scent of money that clouds their senses.

  3. You liberal global warming morons need to realize that the world is much bigger then you. Stop farting in wine glasses and smelling them. to post 1:21 Am, i’m white you idiot. show’s how much you know. I live 5 blocks away from this project, i cant wait to see it. Go cry wolf somewhere else. We dont need your bullshit comments here, i’m not rich nor am i poor. I am middle class and i like expansion, growth, modernization, & basketball. If you dont like progress you might as well pack your shit and move to Mongolia.

  4. Yours is a very shortsighted view, 9:38- the “more congestion and pollution” for those in the immediate vicinity is hardly a static condition. Pollution and traffic levels increase, and then they spread out. Like an elephant with a thorn in its foot- the elephant is going to look for ways to relieve the pressure and pain, which in turn puts more pressure on other parts of it’s body. Pollution and traffic ocngestion are not containable- they are like untreated infection, and in the weakest part of your argument”b/c AY is centrally located and built over a rail/mass-transit hub a significantly larger percentage of people will take mass-transit (or walk) then would otherwise, and since the population of residents/workers/spectators would be living/working and being entertained in the immediate area of NYC anyway – the environmentally (and economically) sane thing to do is to build developments to MAXIMIZE public transport and centralization.” the operative phrase is: significantly greater percentage”. Because I do not see any comment on how that significantly greater percentage will be accomodated so as not to put greater pressure on the system. In fact your whole argument is really predicated on the assumption that something of such huge proportions will not have a similarly huge impact- so I guess all of you so-called planners are simply sitting around writing environmental impact statements that sound great but in truth are based on a bunch of ego-driven, land grabbing, public money-sucking, political kiss-ass hacks who have their fingers crossed in hopes that all the rest of us are too stupid to recognize media spin when we see it.

    An think about this- since you’re so worried about the future- centralization works to a tipping point. At some point the center will collapse under its own weight- sure it’s otugh and expensive to build mass transit in the suburbs. But someone had better come up with a plan because the supposed benefit of AY will be disipated quickly as it becomes part of the problem. So who is ignoring the macro issue now?

  5. 9:38
    Your arguments don’t hold water. For example HOW many people do you think would WALK??? TO THE ARENA??? Yeah…like the whole of the immediate area is going to fill the arena. No…people from NJ are going to be driving to Brooklyn (if they still care about this lousy team).

    No, it will not “result in significantly less congestion/pollution for NYC and the region as a whole” as you say. The best way to do that would be to do away with the Nets and these useless spectator sports that have people in traffic jams all over the US trying to get out parking lots and onto the roads to get home to their TVs and microwaves. The distribution channels of food and material goods are incredibly high greenhouse gas producing…carting ourselves around all over the place for relatively useless entertainment just adds to emissions…completely avoidable.

    Ever here of the “Stop Smoking Now”…well, this pollution is completely avoidable…it is an AVOIDABLE BEHAVIOR.

  6. FYI the argument isnt that b/c AY is centrally located over a huge rail/mass-transit hub “everyone will take the train” – the argument is that b/c AY is centrally located and built over a rail/mass-transit hub a significantly larger percentage of people will take mass-transit (or walk) then would otherwise, and since the population of residents/workers/spectators would be living/working and being entertained in the immediate area of NYC anyway – the environmentally (and economically) sane thing to do is to build developments to MAXIMIZE public transport and centralization. Further not only does such centralization make more environmental sense now – it also ensures that future investments in mass transit infrastructure can be maximized to provide the most ‘bang for the buck’. (try building mass transit in sprawled out suburbia for example)

    So the summary is – yes, AY may result in more congestion and pollution for those people in the immediate vicinity of AYs BUT it will result in significantly less congestion/pollution for NYC and the region as a whole. Therefore your opposition based on your own personal concerns while ignoring the macro issues is why AY opponents are NIMBYs of the highest order.

  7. Just as liberals who decry AY and the violation of property rights are the first to call for restrictions on landlords in the form of rent control or stabilization. I guess one should have control over his/her property only if they are on the right side of an issue.

  8. 10:56 is most likely that world class thinker, the What. He never met an obscenity he didn’t like- you gotta wonder what kind of person feels the need be so stupid. It might surprise 10:56 to know that it isn’t only the “rich white folk” who don’t want the AY built as it is planned. No one wants more traffic and noise and overcrowding- in fact the working poor and the middle class would much rather see the money ratner is getting go into real programs and projects that would benefit them, not line Ratner’s pockets. that money could go for much more important things than an arena and an overscaled luxury apartment complex . I’d go for improving mass transit and renovating all the train stations, improving the roads, schools and helping people get health insurance.

    All the right wing conservatives seem to have no problem with the state funnelling money to the rich developers, but are the first to scream when the government wants to give money to social programs, for financial aid to families.

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