Upper East Side community group did not meet burden of proof that City acted arbitrarily. On July 28, 2014, the New York Supreme Court in Manhattan denied petitions for declarative and injunctive relief against the proposed expansion of Memorial Sloan-Kettering Hospital. The petitions were brought by the Residents for Reasonable Development and several Upper East Side residents acting individually. The petitioners argued that the institutional uses of the project were incompatible with the largely … <Read More>
Search Results for: Parks
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 Residents Fail in Last-Ditch Attempt to Block Construction of Solid Waste Facility
A federal judge has dismissed an action brought by New York City residents challenging the re-development of a marine waste transfer station. On July 10, 2014, U.S. District Court Judge Paul A. Crotty (S.D.N.Y.) dismissed claims against the City and the U.S. Army Corps of Engineers, clearing the way for development of a marine waste transfer station at 91st Street and the FDR Drive.
Union Square Restaurant Affirmed Unanimously by Court of Appeals
Court found the agreement was a valid license and did not violate the public trust doctrine; Coalition hopes new Mayor will terminate license. In March 2012, the City signed a licensing agreement with Chef Driven Market, LLC, (Chef) authorizing Chef to open a 200-seat seasonal restaurant in the Union Square northern pavilion. The Union Square Park Community Coalition filed an article 63 petition seeking a preliminary injunction against the City from enforcing the licensing … <Read More>
NYU’s Plan Partially Enjoined
State Supreme Court declares project sites to be dedicated park land; enjoins construction. On July 25, 2012, New York City Council voted to approve the NYU Expansion project (See previous CityLand coverage here). Petitioners, including State Assemblywoman Deborah Glick and more than 20 other individuals and organizations that reside or are located in the vicinity of the NYU Expansion, filed an article 78 petition challenging Council’s approval. In a 77-page opinion, State Supreme Court … <Read More>
Union Square Restaurant Put on Hold by Judge [Update: Appellate Division Rules in Favor of Planned Restaurant]
See below for update.
Neighborhood coalition sued Parks over proposed plan to open restaurant in Union Square. Union Square is comprised of 3.6 acres of dedicated municipal parkland, stretching three blocks in length and one block in width. Union Square Park’s pavilion has hosted a myriad of political events and recreational activities for over a century. In 2004, the City announced its plans to open a restaurant in the pavilion. In April 2008, the Union … <Read More>