First Department recognized retroactive validation of a permit. In 2005, the Board of Standards and Appeals denied recognition of GRA V, LLC’s common law vested right to perform work under a Department of Buildings permit on the grounds Buildings deemed the underlying permit invalid. (See CityLand’s extensive previous coverage here.) A common law vested right occurs when a developer performs substantial work in reliance that the underlying permit or zoning is valid. In 2011, … <Read More>
Search Results for: Article 78
Challenge to NYU Expansion Plan Overturned on Appeal
Coalition of local residents, Greenwich Village community organizations, and elected officials sought to prevent NYU’s development of two superblocks north of Houston Street. In 2012, the City Council voted to approve multiple actions to allow an expansion plan by New York University to develop two superblocks bounded by West 3rd Street, Houston Street, Mercer Street and LaGuardia place in Manhattan’s Greenwich Village. The project, projected to take 20 years to complete, would entail the construction … <Read More>
Parking Facilities Ruled Exempt from Property Tax
Parking Lots associated with Greater Jamaica Development corporation challenged Finance’s withdrawal of tax exemption. Greater Jamaica Development Corporation and Jamaica First Parking, LLC, brought an article 78 petition against the Department of Finance and the New York City Tax Commission, challenging the City’s revocation of a charitable tax exemption for the public parking facilities they owned and operated. On appeal to the Appellate Division, Second Department, the court restored the tax exemption.
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>
Appellate Court Affirms Special Permit for Hospital for Special Surgery
Resident opponents failed to block City Planning’s approval of Hospital for Special Surgery expansion. The Hospital for Special Surgery (HHS), located at 535 East 70th Street, proposed a major renovation and expansion of its existing facility located between East 70th Street and East 72nd Street, and between York Avenue and the FDR Drive in Manhattan.
On December 26, 2006, the City Planning Commission (CPC) issued a positive declaration and Lead Agency Determination along with an … <Read More>
Williamsburg Domino Sugar Project Survives Appellate Court Challenge
Community coalition failed to stop 11-acre mixed-use development at Domino Sugar Refinery site along Williamsburg waterfront. CPC Resources proposed to develop a 2,200-unit mixed-use project on the Domino plant site. The 11.2-acre site includes two parcels of land. The first is located along the East River between Grand and South 5th Streets, bordered to the east by Kent Avenue. The second, smaller parcel is bounded by South 3rd and South 4th Streets and Wythe and … <Read More>