Community Will Seek Court of Appeals Review of Today's Atlantic Yards Court Ruling
Petitioners—26 community organizations led by Develop Don’t Destroy Brooklyn—will be headed to the highest court in the state, the Court of Appeals, after a four judge Appellate Division panel ruled for the Empire State Development Corporation (ESDC) on their challenge to the environmental review and blight designation for developer Forest City Ratner’s floundering Atlantic Yards proposal in Brooklyn. (The court’s ruling is here.)
Petitioners will ask the Court of Appeals to review the ruling and are considering all issues in the case for an appeal.
A key issue in the case is the state’s designation of the developer’s handpicked development site as "blighted." The court ruled that the state’s "blight" designation had a "rational basis."
However, Judge Catterson wrote a concurring opinion which raises substantial questions about that basis, suggesting there was no rational basis, but rather a decision to facilitate Forest City Ratner in its effort to control 22 valuable acres in the heart of Brooklyn.