August 31, 2009:

Comments submittted to ESDC in response to the MGPP:
> Jeffrey Baker on behalf of DDDB
> Daniel Goldstein
> Council of Brooklyn Neighborhoods -- Includes Kahr Real Estate Financial Feasibility Study and Dr. Tom Angotti Response)

ESDC MGPP Documents:
> Memo to the ESDC Board (9.17.2009)
> Response to Public Comments (9.14.2009)


July 17, 2009:
A Modified General Project Plan (MGPP) was adopted by the Empire State Development Corporation on June 24, 2009. The MGPP and related documents can be downloaded:
> MGPP
> Technical Memo
> Figures 1-9
> Figure A1-7

> 2006 Design Guidelines

WHAT'S PENDING as of July 14, 2009:

EIS Lawsuit -- Ruling Issued by Court Against DDDB et al. on February 26, 2009

The petitioners will file a motion for leave to appeal to the Court of Appeals.

On June 30 the the Appellate Division denied the petitoners motion for leave to appeal.

Petitioners ask the Appellate Division for the right to appeal to the Court of Appeals.


Develop Don’t Destroy Brooklyn et al. File Motion Seeking Appeal of Adverse Ruling in Court of Appeals on Atlantic Yards EIS Lawsuit
Press Release: March 30, 2009

In effort to appeal EIS case, plaintiffs charge "evidence of corruption" in ESDC's blight study
Atlantic Yards Report. March 30, 2009

Press Release on the Ruling

Press Coverage on the Ruling:
Appellate court, despite some misgivings, dismisses EIS case; one judge concurs but slams blight study, says his hands were tied
--Atlantic Yards Report

Atlantic Yards developer wins key legal victory
Forest City Ratner gets a green light from courts but still needs one from banks.
--Crain's New York Business

Concerns 'Legitimate' But Project Proceeds
--New York Law Journal

Legal Victory for Atlantic Yards Developer
--New York Times City Room Blog

Breaking news! Ratner wins a big Yards case
--The Brooklyn Paper

DDDB et al. v. ESDC et al.
Appeal on state lawsuit against the Atlantic Yards Environmental Impact Statement (EIS) and approval.
In the Supreme Court, Appellate Division, 1st Department (Manhattan)
Click for all case files

Oral arguments took place on September 17th in State Appellate Court in Manahttan

In appeal of case challenging AY environmental review, some justices skeptical of state’s blight claim
Atlantic Yards Report. September 18, 2008.

Press Release on the argument:
Oral Argument in Appeal on Atlantic Yards Environmental Review and Approval Focuses on Key Issue of Blight
State Appellate Court Justices Skeptical About New York State’s Blight Claim As Basis for Bruce Ratner’s Project


July 7, 2008
DDDB and 25 Co-Plaintiffs File Appeal in Lawsuit Against the Empire State Development Corporation, MTA & PACB
Plaintiffs Seek to Overturn Supreme Court Decision on Suit Seeking to Annul Fatally Flawed Environmental Impact Statement and Approval of Forest City Ratner's Atlantic Yards Proposal
Click to download pdf of the appeal

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Previously:

DDDB et al. v. ESDC et al.
State lawsuit against the Atlantic Yards Environmental Impact Statement (EIS) and approval

Preliminary appeal briefs are here.

The Appellate Court has set the appeal schedule. Plaintiffs are to file their appeal briefs in July, and there will be an argument scheduled in the September (2008) term.
More information here.

On January 11th, State Supreme Court Judge Joan Madden issued her decision against the community plaintiffs challenging the review and approval of the Atlantic Yards project.

The judge's decision is here [pdf]. DDDB's press release is here.
We believe the case was wrongly decided and are appealing.
Atlantic Yards Report coverage is here.

--------------------------------------

WHAT'S PENDING as of October 4, 2007:

State Supreme Court Case Challening the Review & Approval of "Atlantic Yards"
After the nearly 4-hour hearing for DDDB et. al. v. ESDC et. al., a suit which seeks to annul the environmental review and approval of "Atlantic Yards," Justice Madden said she would try to have a decision within 4 to 6 weeks.On July 17 the court contacted the attorneys for the parties to announce that the court clerk has changed the case's designation from "standard" to "complex," and that Justice Madden has up to 120 days to render a decision. 120 days from the May 3rd oral argument was on August 31st; which means that today marks 154 days since the oral argument.

This means that a decision can come any time.



WHAT'S PENDING as of August 23, 2007:
After the nearly 4-hour hearing for DDDB et. al. v. ESDC et. al., a suit which seeks to annul the environmental review and approval of "Atlantic Yards," Justice Madden said she would try to have a decision within 4 to 6 weeks.Today, June 19, marks 10 weeks since the oral argument. On July 17 the court contacted the attorneys for the parties to announce that the case has changed the case's designation from "standard" to "complex," and that Justice Madden has up to 120 days to render a decision. 120 days from the May 3rd oral argument would take us to August 31st.

On July 31st attorneys for plaintiffs on the federal eminent domain lawsuit Goldstein v. Pataki filed their appeal brief to the United States Second Circuit Court of Appeals. Plaintiffs are appealing Judge Garaufis' June 6th decision.

Oral argument on the appeal is scheduled for Oct. 9, 10am.

WHAT'S PENDING as of April 5, 2007:
On April 5 DDDB and 25 co-plaintiffs filed a lawsuit in State Supreme Court seeking to annul the Environmental Review and approval of the "Atlantic Yards" project. The named defendants are the Empire State Development Corporation (ESDC), the Public Authorities Control Board (PACB), the Metropolitan Transportation Authority (MTA), and Forest City Ratner. A summary of the lawsuit's causes of actions are here.

Success in the suit would send "Atlantic Yards" back to the ESDC for a complete or partial new environmental review and a new vote by the PACB. But this time, all of that would occur under the reform-minded Spitzer Administration.

Oral arguments in the Manhattan State Supreme Court House are scheduled for May 3rd at 3:30 pm.

WHAT'S PENDING as of January 1, 2007:
On December 20th the Public Authorities Control Board (PACB) voted to approve the "Atlantic Yards" project, just 11 days before Governor Pataki left office and despite an incredible dearth of pertinent and crucial financial information, housing guarantees, and many unanswered questions.

This means that the project has passed its one and only political vote by three-men-in-a-room.

Big questions remain:

1. Will Governor Spitzer and his Administration weigh in?

2. There is a pending federal eminent domain lawsuit, and the project cannot be built if the property owners and tenants win their suit. Oral arguments for that lawsuit are scheduled for February 7th in the Eastern District. Legal briefs can be found here.

3. A legal challenge to the Environmental Impact Statement could come any day.

WHAT'S PENDING as of December 8, 2006:
The ESDC approved the Final Environmental Impact Statement (FEIS) and its findings, the findings and determinations under the state's Eminent Domain Procedure Law (approving its use), and a modified General Project Plan. All of those documents can be found here: www.empire.state.ny.us/atlanticYards.

Next up vote, which must be unanimous, by the Public Authorities Control Board (PACB), which is controlled by the Governor, the Assembly Speaker Silver, and the Senat Majority Leader Bruno. That vote could occur on December 20th.

Lawsuits are expected on the FEIS. There is currently a federal lawsuit challenging the constitutionality of the use of eminent domain for Atlantic Yards. That case, filed on October 26th, is in the Eastern District.