NEW YORK CITY-Develop Don’t Destroy Brooklyn scored a victory in a New York State Supreme Court Tuesday in its fight to force Forest City Ratner Cos. to re-imagine its Atlantic Yards project.

Judge Marcy Friedman ruled that “ESDC’s use of the 10 year build date in approving the 2009 MGPP lacked a rational basis and was arbitrary and capricious.”

The court refused to halt the construction of the arena and other Phase II components, like residential towers, because they have already progressed so far. However, Phase II construction has been kicked back to the ESDC (Empire State Development Corp.) pending a further environmental review. The court noted that, with Phase II construction not set to start for some time, “ESDC will have ample opportunity, before commencement of Phase II construction, to review the environmental impacts of the delay in the Phase II build-out.”