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BROOKLYN     Press Release Main Page


For Immediate Release: January 11, 2008


† NY State Supreme Court Rules for ESDC in Atlantic Yards Lawsuit

Project Cannot Move Forward While
† Federal Eminent Domain Case Is Pending


† Community Plaintiffs Plan Appeal


NEW YORK, NY--New York State Supreme Court Judge Joan Madden has ruled against 26 community groups led by Develop Don?t Destroy Brooklyn (DDDB) in their challenge to the Empire State Development Corporation's (ESDC) environmental review and approval of Forest City Ratner's Atlantic Yards project. The case had been filed in April 2007.

"We believe that the decision was wrongly decided and we are determined to appeal and win," said Jeffrey S. Baker ( Young, Sommer,Ward, Ritzenberg, Baker & Moore) lead attorney for the community plaintiffs.

"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.

"The concerns raised by the lawsuit still remain. And our elected leaders who understand those concerns, must gird themselves to bring more pressure to bear on Governor Spitzer, now that we've had this legal decision," said DDDB legal Director Candace Carponter. "With the project in financial jeopardy, the real estate market treading in such troubled waters, and with a pending eminent domain lawsuit, it is time to rethink the Atlantic Yards project. It is time for the Bloomberg and Spitzer administrations to come back to the community and work to implement a development plan that can work, rather than one that is floundering and faces overwhelming community opposition. As Deputy Mayor Dan Doctoroff recently said, this project should come under local review, not state review."

All case files and the courtís ruling are here:
http://www.dddb.net/FEIS

Plaintiffs:
DDDB et. al.
Develop Donít Destroy Brooklyn, Inc.
Council of Brooklyn Neighborhoods, Inc
NY Public Interest Research Group/Straphangers
Central Brooklyn Independent Democrats (CBID)
Sierra Club
Atlantic Avenue Betterment Association
The Brooklyn Bearís Gardens Inc
Bergen Street-Prospect Heights Block Association, Inc.
Boerum Hill Association
Brooklyn Vision, Inc.
Carlton Avenue Association
Carroll Street Block Association (5th to 6th Ave), Inc.
Crown Heights North Association, Inc.
Dean Street Block Association, Inc. (4th to 5th Ave)
East Pacific Block Association
Fort Greene Association
Fort Greene Park Conservancy
Friends and Residents of Greater Gowanus
Park Slope Neighbors
Park Place-Underhill Avenue Block Association
Prospect Heights Action Coalition
Prospect Place-Brooklyn Block Association
Society for Clinton Hill
South Portland Avenue Block Association
South Oxford Street Block Association
Zen Environmental Studies Institute

Defendants:
ESDC et. al.
Empire State Development Corporation (ESDC)
Metropolitan Transportation Authority (MTA)
Public Authorities Control Board (PACB)
Forest City Ratner Companies (FCRC)



DEVELOP DON'T DESTROY BROOKLYN leads a broad-based community coalition
fighting for development that will unite our communities instead of dividing and destroying them

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