Beachfront bungalow owner sued City agencies claiming violations of the Federal Coastal Zone Management Act. Ankor Shacaf obtained permits to demolish four bungalows and construct four homes in Far Rockaway, Queens. Shacaf erected a fence around the construction site, which obstructed a private right-of-way to the beach. Neighbor Richard George, owner of a bungalow on Beach 26th Street in Far Rockaway, sued Buildings and City Planning, claiming that the agencies violated the Coastal Zone Management … <Read More>
Search Results for: Private action
Court Dismisses Action Against Willets Point Developers
Public trust doctrine did not apply to Willets Point West development project. On August 15, 2014, the New York Supreme Court in Manhattan denied petitions for declarative and injunctive relief against the Willets Point Development Project in Queens. The petitions were brought by a coalition led by New York State Senator Tony Avella, The City Club of New York, and New York City Park Advocates. The petitioners argued that constructing a shopping … <Read More>
City must pay for paving private property
DOT paved over portion of Staten Island property owner’s land. Foxwood Forest Lenca LLC owned a 15,700 sq.ft. parcel of land abutting Forest Hill Road on Staten Island. The land was undeveloped, and the portion along Forest Hill Road consisted primarily of grass and other vegetation. In 2008, the Department of Transportation entered Foxwood’s property and paved over this grassy area. According to DOT’s borough commissioner, the paving was done to address unsafe roadway conditions … <Read More>
Appellate Division Ruling Provides Path for NYC Permanent Open Restaurants Program
On October 4, 2022, the Appellate Division, First Department ruled in favor of the City in its appeal challenging a February Supreme Court ruling that halted the City’s development of the permanent open restaurants program.
Appellate Division Provides Major Win for Two Bridges Developers
Two Bridges development gets Appellate Division ruling but two lawsuits remain pending. On August 27, 2020, the First Department’s Appellate Division unanimously ruled in favor of a Lower East Side development that would consist of four towers, 11,000 square feet of retail, and over 2,700 residential units. Of the 2,700 residential units, approximately 700 units will be dedicated to affordable housing and 200 units will be set aside for senior housing. The project’s development group … <Read More>
Appellate Division Upholds City’s Sale of Bronx Waterfront Property
A Bronx not-for-profit sues City over the sale of waterfront property to a private developer. The City sold Pier 5 to a private developer to facilitate the construction of the Bronx Point development. Pier 5 is a 4.4 acre plot of land bounded by Mill Pond Park to the North, the 149th Street Bridge to the South, the Major Deegan Expressway to the East and the Harlem River to the West. The development anticipates … <Read More>