MGPP legal challenge

Contact: Jo Anne Simon – 917.685.3747; Gib Veconi – 917.881.0401

BROOKLYN, NY, November 9, 2010: Today, New York State Supreme Court Justice Marcy Friedman found that the Empire State Development Corporation (ESDC) unreasonably failed to properly assess the impacts of twenty-five years of extended construction at the Atlantic Yards site in Brooklyn. Judge Friedman’s ruling was entered following a motion by BrooklynSpeaks petitioners to reargue an earlier decision by the Court in favor of ESDC and Forest City Ratner Companies (FCRC). The BrooklynSpeaks petitioners asked Judge Friedman to review the Development Agreements executed subsequent to the ESDC’s approval of the Modified General Project Plan but which were withheld from public disclosure until after oral argument on the petitioners' original motion.

On June 29, 2010 at 11 am, New York Supreme Court Justice Marcy Friedman will hear oral arguments on a motion for reconsideration that was filed by several BrooklynSpeaks sponsors, elected officials and individuals challenging the approval of the Atlantic Yards Modified General Project Plan. The case will be heard in Room 335, 80 Centre Street in Manhattan.

On April 8th, a group of BrooklynSpeaks sponsors, elected officials and individual petitioners filed a motion asking that the Court reconsider its decision not to reverse approval of the Atlantic Yards Modified General Project Plan (MGPP). The petitioners are asking Judge Friedman to review new evidence that was not considered when she made her decision.

The new evidence consists of a master development agreement that was executed between the developer, Forest City Ratner (FCR) and other parties in the Atlantic Yards project, after the Empire State Development Corporation (ESDC) had already agreed to approve the Modified General Project Plan. That agreement was withheld from public disclosure until after the hearing in the case.