NEW YORK CITY-Develop Don’t Destroy Brooklyn scored a victory in a New York State Supreme Court Tuesday in its fight to force Forest City Ratner Cos. to re-imagine its Atlantic Yards project.

Judge Marcy Friedman ruled that “ESDC’s use of the 10 year build date in approving the 2009 MGPP lacked a rational basis and was arbitrary and capricious.”

The court refused to halt the construction of the arena and other Phase II components, like residential towers, because they have already progressed so far. However, Phase II construction has been kicked back to the ESDC (Empire State Development Corp.) pending a further environmental review. The court noted that, with Phase II construction not set to start for some time, “ESDC will have ample opportunity, before commencement of Phase II construction, to review the environmental impacts of the delay in the Phase II build-out.”

Jeff Baker, an attorney for DDDB, tells GlobeSt.com that he hopes the delay will provide time to re-evaluate the project.

“What it means at a minimum is that they have to go back and do a further environmental review and make the necessary findings to go forward with Phase II,” he says. “It’s an opportunity now, with a new administration, to take a fresh look at the project and do a better scale and a better structured development that will redevelop the area but not create a monstrosity or doom it to a protracted, 25 years or more construction schedule.”

A spokeswoman for the ESDC provided a statement to GlobeSt.com, stressing that the ruling “did not enjoin construction of the Barclays Center,” adding that “all components of this important project will continue.”

“The court ordered ESDC to prepare a Supplemental Environmental Impact Statement focused principally on Phase II of the project (the buildings east of 6th Avenue),” the statement continues. “ESDC believes that it complied with all laws applicable to the project.”

Forest City Ratner Cos. did not return a call seeking comment.

Past Appellate Division rulings have come down in Forest City Ratner’s favor, it should be noted, including rulings concerning wide-ranging issues like EIS public approval and eminent domain.

Candace Carponter, the DDDB legal director, says that she’s not worried about Judge Friedman’s ruling being overturned. “She was very careful in writing this decision to make sure that it was unassailable on appeal,” Carponter says. “I believe that it will not be overturned. I’m not even sure that the ESDC will attempt to appeal it because I think it is such a strong decision.”

Carponter says that DDDB is hopeful that forcing the reconsideration of one part of the project will in turn force the reconsideration of the entire concept. “We have no interest in continuing to fight this,” she says. “We have always felt that a negotiated and or political solution is best.”

Instant Insights /

Court Ruling Puts Part of Atlantic Yards Project on Hold

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