Friday, July 10, 2009

First crack at EIS appeal denied; eminent domain case oral argument scheduled

While neither side announced it, the first effort by Develop Don't Destroy Brooklyn (DDDB) and 25 co-plaintiffs to appeal the decision in the case challenging the Empire State Development Corporation's (ESDC) environmental review has failed, as the Appellate Division, First Department on June 30 denied leave to appeal in a one-line decision.

(Here are some of the arguments raised in legal papers, and here are more; the petitioners argued, among other things, that there was evidence of corruption the ESDC's blight study. The Appellate Division, which in February affirmed a January 2008 ruling by Supreme Court Justice Joan Madden, was asked to agree to have the Court of Appeals hear the case.)

DDDB and fellow plaintiffs can now ask the Court of Appeals directly. The first motion in that appeal is due by the end of July.

It is not certain, however, that even a victory in the case would affect the ESDC's plan to have tax-exempt bonds for the arena or its plan to proceed with emiment domain. Victory might simply require a revision of the environmental impact statement--or it might upend the findings of blight.

Eminent domain oral argument scheduled

The one case that could block the pursuit of eminent domain just got a court date.

As announced by DDDB, the oral argument for the appeal of the Atlantic Yards eminent domain case, Goldstein v. New York State Urban Development Corporation, has been scheduled for Wednesday, October 14 at 2:00 pm at the Court of Appeals in Albany.

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