Court rejects challenge to Brooklyn rezoning

Owner claimed that City illegally spot zoned his two lots. In 2006, the City Council voted to rezone 80 blocks of Midwood, Brooklyn, including two lots on Ocean Avenue owned by Jacob Fetman. When the City Council voted on the plan, it modified the initial district proposed by City Planning for the west side of Ocean Avenue between Avenues L and M, giving the west side of that block a different zoning district than the … <Read More>


Community Board members may vote on large area rezonings

Community Board members sought advice from Conflicts of Interest Board. Nine members of Community Board 7 in Queens sought an opinion from the Conflicts of Interest Board as to whether they could vote on the Planning Department’s 310-block rezoning proposal for Whitestone, Queens in light of their home ownership in the proposed rezoning area.

The Board advised that voting on rezoning proposals would not violate the Charter’s conflicts of interest rules as long as the … <Read More>


Court of Appeals Blocks Willets Point Development

Legislative approval would be needed in order to build retail stores, restaurants and a movie theater on Willets West parkland. The Special Willets Point District was approved by the City Council in 2008. The rezoning was controversial; area businesses and residents were concerned over the relocation of businesses, the possibility of eminent domain, and traffic congestion. As a result, a lawsuit was filed against the City by business owners and residents but was dismissed … <Read More>


Lawsuit Seeks Damages Over One Vanderbilt Agreement

Owner of Grand Central Terminal claims violation of property rights, seeks $1 billion in damages.  On September 28, 2015, Andrew Penson—the owner of Grand Central Terminal in the Midtown East neighborhood of Manhattan—initiated a lawsuit against New York City for allegedly unlawfully taking Grand Central’s air rights from him for the benefit of SL Green Realty Corporation without just compensation, which is a violation of the Fifth Amendment of the United States Constitution.  The complaint … <Read More>


Williamsburg Mixed-Use Project Withstands Legal Challenge

City approved developer’s request to rezone 15 tax lots to facilitate the development of two, six-story buildings near site of Domino Sugar project. Bruce Terzano (through JBJ, LLC) sought City approval to build a two-building mixed-use project at the corner of Wythe Avenue and South 3rd Street in Williamsburg, Brooklyn. To facilitate his proposal, Terzano asked the City to expand a nearby MX-8 special mixed-use district to include 15 tax lots on the eastern … <Read More>


Short time deadline for service sinks BSA petition

Residents missed deadline to serve BSA after filing petition challenging decision to grant developer time extension to complete hotel. Dutch Kills Partners obtained a permit from Buildings to develop a nine-story hotel at 39-35 27th Street in Long Island City, Queens. With 24 percent of the project’s foundation poured, the City approved the Dutch Kills Rezoning, which rendered the hotel project out-of-compliance with the maximum permitted floor area. 5 CityLand 149 (Nov. 15, 2008).