CM James Congratulates DDDB and Community on Ruling Against Atlantic Yards Development

**For Immediate Release**

November 9, 2010


Contact: Amyre Loomis at (718) 260-9191

Victory At Last!

Congratulations to DDDB and Community on Ruling Against Atlantic Yards Development

State Supreme Court Justice Marcy S. Friedman issued a ruling today granting the motion by Develop Don't Destroy Brooklyn (DDDB), and other petitioners. The judge sided with DDDB and associated neighborhood groups stating that the Empire State Development Corporation (ESDC) did not properly consider the full 25-year schedule of the Atlantic Yards development project. The judge sent the case back to ESDC requiring a detailed, reasoned basis for its findings and support.

Justice Friedman criticized ESDC for the lack of transparency in its approval of Bruce Ratner’s Atlantic Yards project, highlighting that the environmental review process is meant to be an open process involving the public, as well as other interested agencies.

“The Court properly found that ESDC misrepresented the facts of the contracts and there were no requirements that FCRC complete the project,” said DDDB lead counsel Jeffrey S. Baker of the Albany, New York law firm of Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC. “ESDC’s lack of transparency was not just with respect to its own deliberations, but extended to trying to hide material facts from the Court. We are very pleased that Justice Friedman did not tolerate that behavior.”

Council Member Letitia James said: “It’s time that Forest City Ratner Corporation sit down with the community and incorporate aspects of the UNITY plan into his project, which focuses on affordable housing and buildings that compliment the community. Unfortunately, the taking of homes and businesses by eminent domain in absence of proper findings has already happened. I hold my ground and continue my objection to this entire development, the process, the land grabbing, and the waste of public funds. In light of Justice Friedman’s ruling, it’s critical that Governor Elect Andrew Cuomo examine the overall plan for the Atlantic Yards project, and meet with the community. Lastly, congratulations to DDDB, Prospect Height Neighborhood Development Council, and the community for their perseverance and victory.”