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 asking the court to reject the final determination. The petitioners claimed that the determination failed to comply with the law because it did not adequately notify landowners of the extent of the easement upon their property. They also claimed that the rezoning was an illegal taking or, alternatively, reverse spot zoning. (more…)