As we reported back in June, the activists fighting the Atlantic Yards project did not expect any of the various government agencies with oversight of the project to oppose it when they had the opportunity this summer—the MTA revised its sale of the yards, the ESDC approved a modified General Project Plan. What the critics were more excited about was the possibility of additional lawsuits, which, while generally unsuccessful, have helped stall the project nonetheless and paint it in an increasingly negative light. Today, a day before a major showdown over eminent domain in the state’s highest court, Develop Don’t Destroy filed a new lawsuit, this one challenging the MTA’s sale, and it has an important distinction from the others.
When we saw the filing, the first thing that struck us was the petitioners. In the past, only Develop Don’t Destroy or local residents and businesses had been signed on to the suits. Now, a number of local politicians and a major transit advocacy group have signed on to this latest case. Maybe that’s immaterial in the eyes of the courts, a case is a case, petitioners are petitioners, but it certainly underscores the growing opposition to the project. This is not to say prior petitions were invalid, but they did have the patina of NIMBYism. Now, this is much less the case. Again, we’re not sure this matters, legally speaking, but given that Yards watchdog Norman Oder points it out in his typically no-stone-unturned analysis of the new suit, it obviously bears mentioning.
As for the suit itself, Oder agrees with us that, like its predecessors, even if it doesn’t technically succeed, it could still make progress on the Yards all the more difficult:
Even a successful lawsuit might not formally stop the project, but it could throw a wrench into Forest City Ratner’s plan to have the state sell tax-exempt bonds and for arena construction to begin this year. As Neil deMause observes on his Field of Schemes blog: “The real question now is whether another lawsuit will make it too expensive for Ratner to get bond insurance so he can start selling arena bonds this month as planned.”
The MTA has so far declined to comment.
UPDATE: Dan Goldstein of DDDB wrote us last night to point out that the Straphangers, as well as the Sierra Club, had been involved in one of the two prior suits, though no politicians. Also, we forgot to mention that this is probably only the first of what could be many more suits now that the MTA and ESDC have officially taken action. In fact, our June story emphasized the latter more than the former, which suggests that one is on the way, though Goldstein made no mention of it. And he’s not the only one filing suit. Last week, as the Park Slope Courier reported, neighborhood groups have filed a suit against the state and Ratner for not doing a thorough enough traffic study. The groups are not trying to stop the project, however, but simply get Ratner to make changes to address the problems.