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Click Here for Appeal Papers

April 5, 2007.

DDDB et al. v. ESDC et al.
Lawsuit filed seeking to annul the "Atlantic Yards" Final Environmental Impact Statement and approval.
Filed in State Supreme Court. New York County.

The hearing on the case was on May 3rd. Blow-by-blow coverage of the nearly 4 hour hearing can be found at the Atlantic Yards Report:
ESDC grilled over blight, “civic project” in EIS lawsuit hearing, but judge’s latitude may be limited

In Court, the Atlantic Yards Blight Fight
by Norman Oder. Brooklyn Downtown Star.
Summary of the Complaint April 5, 2007 Press Release

Judge Madden's Decision. Rendered January 11, 2008

Press Release:
NY State Supreme Court Rules for ESDC in Atlantic Yards Lawsuit

Project Cannot Move Forward While
Federal Eminent Domain Case Is Pending

Community Plaintiffs Plan Appeal

Read the release

The Case Files (PDFs)
Petitioners Respondents

Appeal, Filed on July 7th

>Appeal Brief

Filed on April 5th

>Memorandum of Law in Support of Petition-Complaint

>MOL in support of Motion for Preliminary Injunction


>Jeff Baker Affidavit (Exhibits 1-10)
Exhibits: 11-20, 21-28, 29-36

>Randall Rasey Affidavit in Support of Motion for Preliminary Injunction

>Demolitions/Injunction - Councilwoman Letitia James

>Security/Terrorism - Professor Norman Groner

>Urban Planning/Land Use - Ron Shiffman

>Bears Community Garden - Jon Crow

>Vibrations Study - Jim Vogel

>Order to Show Cause

Reply Briefs:

>Reply Memorandum of Law in Support of Article 78
>Exhibits to the MOL

>Reply Memorandum of Law in Support of Preliminary Injunction

>Angotti Affidavit
>Freud Affidavit
>Goldstein Affidavit
>McClure Affidavit
>Rosner Affidavit
>Rothblatt Affidavit
>Vogel Affidavit
>Weinstein Affidavit with Exhibits A-H

Empire State Development Corporation (ESDC)
>Memorandum of Law in Opposition to Complaint
>Verified Answer

Public Authorities Control Board (PACB)
>Memorandum of Law in Opposition to Complaint
>Verified Answer
>Scheuermann Affidavit


Forest City Ratner Companies (FCRC)
>Memorandum of Law in Opposition to Complaint
>Verified Answer
>Venter Affidavit
>Stuckey Affidavit
Exhibits to Stuckey Affidavit:
A B C D E F G H1 H2

Metropolitan Transportation Authority (MTA)
>Memorandum of Law in Opposition to Complaint
>Verified Answer
Record parts: 1 2 3 4 5 6

Temporary Restraining Order (TRO). Applied for on April 17.
>Application and Affidavits for TRO > FCRC Affirmation in Oppostion to TRO Application

> FCRC Stuckey Affidavit in Opposition to TRO Application:
Part 1, Part 2, Part 3.

> ESDC Affirmation in Oppostion to TRO Application
> Justice Joan Madden's Decision on the TRO

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NY Public Interest Research Group/Straphangers
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Atlantic Avenue Betterment Association
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Boerum Hill Association
Brooklyn Vision, Inc.
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Carroll Street Block Association (5th to 6th Ave), Inc.
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Empire State Development Corporation (ESDC)

Forest City Ratner Companies

Metropolitan Transportation Authority (MTA)

Public Authorities Control Board (PACB)