Court dismisses challenge to Pierhouse development

Zoning restrictions were not violated. In 2006, Brooklyn Bridge Park Corporation entered into a project plan for developing a hotel and residential complex at Brooklyn Bridge Park.  The plan called for the development’s northern building to be limited to “approximately 100 feet”.  Following Superstorm Sandy’s flooding of Brooklyn Bridge Park, the development was redesigned to move basement mechanical equipment to the rooftop, in compliance with new zoning changes.  This increased the northern building’s height above … <Read More>


BSA Denial of Billboard Permit Upheld on Appeal

Court held Board properly found billboards were prohibited near Holland Tunnel exit.  On January 8, 2013 the Board of Standards and Appeals issued two decisions denying an appeal of a Department of Buildings decision to refuse permitting two billboards near the Holland Tunnel exit in Tribeca, Manhattan.  Take Two Outdoor Media LLC, the appellant, argued the Holland Tunnel’s exit roadway did not constitute an “approach” to an arterial roadway under §49-16 of the Rules of … <Read More>


Appellate Court Upholds BSA Decision on Illegal Penthouse

Board was not acting arbitrarily by requiring LPC approval of construction permit for addition to a historic district building.  On February 12, 2013, the Board of Standards and Appeals found they could not reinstate a Department of Buildings construction permit for Petitioner, 339 West 29th Street LLC without prior approval from the Landmarks Preservation Commission.  The Board found the permit was revoked in July 2009, and in October 2009 the area containing the work … <Read More>


Court Dismisses Suit in Opposition to Hospital Development

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>


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>


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>