As developer Bruce Ratner awaits a key court decision that could decide the fate of Atlantic Yards, yet another lawsuit was filed today to try blocking the controversial Brooklyn project.
A consortium of civic groups and elected officials filed a suit in a Manhattan state Supreme Court alleging the Empire State Development Corp. in September approved the $4.9 billion NBA arena and residential/office tower project’s revised plan without sufficiently reviewing impacts of extended construction schedules and completion risks.
It also contends the ESDC gave the developer too much power.
“The ESDC has ignored its statutory duty to act in the public interest,” said Assemblyman James Brennan (D-Brooklyn), one of the plaintiffs.
The suit comes as the state Court of Appeals is soon expected to decide on separate litigation that says it would be unconstitutional for ESDC to seize private property for the project through eminent domain. Like his winless Nets, Ratner needs a victory here because he must break ground on the Prospect Heights arena by year’s end or risk losing critical tax-exempt financing.
A Ratner spokesman said, “it should not surprise anyone that opponents who pledged to sue early and often are still suing. It is what they do.” ESDC did not comment.