Court rejects challenge to Hudson Yards condemnation

Easements for No. 7 line challenged. In October 2005, the MTA and the Planning Commission issued the final determination and findings, approving the extension of the No. 7 line from Times Square to 34th Street and Eleventh Avenue. The final determination approved the acquisition by eminent domain of property and easements and the related zoning for that property.

Five landowners, including Milstein Brothers 42nd Street and Mercedes-Benz Manhattan, filed petitions under the eminent domain law … <Read More>


Condemnation challenge time barred

Owner must file four months from Council’s action; challenge cannot be raised as a defense. In September 2003, DEP started the process to condemn a 12,500- square-foot lot at 142 Grand Street in Manhattan as part of the City’s construction of the Third Water Tunnel. The largest capital project in the City’s history, the Third Water Tunnel construction will enable the City to close and repair the City’s two functioning water tunnels for the first … <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>


People v. Second Ave. Woodworking Corp.

Owner challenged the necessity of taking entire property. DEP applied to the Planning Commission to acquire a 12,500-squarefoot unimproved property used as a parking lot on Grand Street between Crosby and Lafayette Streets for the construction and maintenance of Shaft 30B of the Third Water Tunnel. After its construction, DEP proposed to use the lot as public open space. Following a public hearing, the Commission approved in April 2004.

In November 2004, the City filed … <Read More>


Bushwick condemnation approved

City sought to acquire West Bushwick properties in phases. In 2001, the West Bushwick Urban Renewal Plan was approved by the Planning Commission, the City Council and the Mayor. In April 2003 the City began condemnation proceedings for phase one, filing a petition to acquire one lot. In October of 2004, the City began phase two, filing to acquire 18 lots. Owners of the lots challenged the petition, claiming that the City failed to follow … <Read More>


Suit filed challenging Ikea’s approval

Suit claims environmental study was flawed and Council’s approval violated City land use plans. Five Brooklyn residents and the Coalition to Revitalize Our Waterfront Now, a citizen group formed in 2003 to advocate for sustainable waterfront development in Red Hook, filed suit in Supreme Court on February 8, 2005, seeking to void the City’s approval of an Ikea superstore on a 22-acre site along Brooklyn’s Erie Basin.

Ikea received the City’s final approval in October … <Read More>