Judge dismisses federal claims against city in Atlantic Crossing suit

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By: Marisa Gottesman
Associate Editor

In the city’s legal battle against proposed redevelopment project Atlantic Crossing, the city can declare one victory.

Federal Judge Donald Middlebrooks granted the city’s request to dismiss the federal claims brought against the city by the developers Ohio-based Edwards Companies.

The developers were seeking more than $40 million in damages in the case, alleging the city improperly delayed the project from moving forward.

In a 20-page order, the judge dismissed the federal claims and remanded the remaining state law claims to the Circuit Court of the Fifteenth Judicial Circuit.

“I’m very pleased with the court’s ruling which dismissed all federal claims against the city,” Mayor Cary Glickstein said. “As it stands, the ruling eliminates the possibility of any federal court damage award against the city, which was the thrust of their lawsuit. While there remain remanded state court claims the Plaintiff’s may still pursue, none of the pending state court claims seek monetary damages.”

Atlantic Crossing plans to bring apartments, offices, restaurants and shops to 9-acres of East Atlantic Ave. The site plan was approved by a previous commission in Jan. 2014 and has been in limbo and in litigation since.

The developers filed a lawsuit in June 2015 and the complaint was moved to federal court in October.

The developers can file an appeal or amend their complaint. The unresolved issues will go before state court. It is unclear of the timeline.

“We are reviewing our legal options to move Atlantic Crossing forward and secure our property rights,” Vice President of Edwards Companies Don DeVere said in a statement.