District court stopped Buildings from revoking church’s catering permit. The Third Church of Christ, Scientist, located at Park Avenue and 63rd Street in Manhattan, had a dwindling congregation, and its 80-yearold building was in need of major repairs. In order to avoid selling the building, Third Church agreed to allow Rose Group Park Avenue LLC to cater private events at the church. In exchange, Rose Group would pay for Third Church’s operating expenses and capital improvements. (read more…)

Church contracted with caterer to run year-round private catering affairs. The Third Church of Christ, Scientist, located on Park Avenue and 64th Street in Manhattan, was concerned with its dwindling membership and concomitant lack of funds. Its building required major capital repairs to bring it up to code. In an effort to avoid selling the building, the Church entered into a long-term lease agreement with Rose Group Park Avenue LLC. Under the terms of the agreement, Rose Group could hold catered events at the Church over a period of twenty years at any time unless it conflicted with the Church’s use. In exchange, Rose Group would invest millions in capital repairs and pay rent and maintenance costs.

Before any of the catering began, the Church sought permission from the City. The New York City Department of Buildings issued a pre-consideration determination allowing catered events provided that the social hall was used and operated exclusively by the Church for its members. The Church sought a modification, claiming that there would be limited periods when the Church was not used by its congregation and a professional caterer would run catered events. Buildings accepted the modification, noting that the catered events under contract with the Church complied as an accessory use. (read more…)