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    Court affirms dismissal of spot zoning claim

    City Council  •  South Street Seaport, Manhattan

    Lower Manhattan property owner claimed it was singled-out by down-zoning. In 2003, the City Council approved a South Street Seaport down-zoning that reduced the permitted height and mass of future development in a 10-block area of Lower Manhattan. Peck Slip Associates LLC., the owner of a surface parking lot at 250 Water Street, sued the City and City Council, claiming that the down-zoning made development impossible. It further claimed that the 2003 downzoning was inconsistent with the comprehensive plan for the area, which the Mayor had announced in his 2002 “Vision for Lower Manhattan” speech, and that the down-zoning constituted unlawful spot zoning aimed at preventing development of the property, or in the alternative, a taking. The lower court dismissed the complaint, ruling that the down-zoning was lawful and the takings claim was premature. 1 CityLand 29 (November 15, 2005).

    On appeal the First Department affirmed, finding that Peck Slip was unable to substantiate its claim of spot zoning because the down-zoning was not site-specific and was part of a well-considered land use plan that had consistently moved toward contextual development to preserve the character of the neighborhood. The Mayor’s speech did not contradict that zoning plan or propose any large scale development for the South Street Seaport area and there was no evidence to support Peck Slip’s claim that its property alone was singled-out by the down-zoning. (read more…)

    Tags : 2006 NY Slip Op 1114, 250 Water Street, Peck Slip Associates LLC, Peck Slip Associates LLC v. City Council
    Date:03/15/2006
    Category : Court Decisions
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    Claim of spot zoning and taking at Seaport rebuffed

    City Council  •  South Street Seaport, Manhattan

    Down-zoning in South Street Seaport upheld. Peck Slip Assoc. LLC, the owner of a surface parking lot at 250 Water Street, sued the City seeking to invalidate City Council’s down-zoning of the South Street Seaport area on a claim that the rezoning made 250 Water Street impossible to develop.

    In April 2003, the City Council approved a South Street Seaport down-zoning, reducing the permitted height and mass of all future development in a l O-block area of Lower Manhattan bounded by Dover, Pearl, Fulton and South Streets. (See map on back.) The rezoned area corresponded to the boundaries of the 1 977 Landmarks designation of the South Street Seaport Historic District, and culminated almost 40 years of City, State and community land use decisions on South Street Seaport. (read more…)

    Tags : 250 Water Street, Peck Slip Assoc. LLC, Peck Slip Assoc. LLC v. City Council, South Street Seaport Historic District
    Date:11/15/2004
    Category : Court Decisions
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