Private owner built a fence along the Henry Street Basin. The Gowanus Industrial Park consists of 46 acres of land on the edge of the Henry Street Basin in Red Hook, as well as land under the Basin. The industrial park is adjacent to Red Hook Park, which, in addition to ball fields and a pool, has an esplanade with trees and benches overlooking the water. Prior to 2002, the esplanade had a short, decorative fence that allowed for fishing and provided a view of the water.

In 2002, however, the owners of the industrial park built a fence on the Basin’s bulkhead, running parallel with the Park’s fence and entirely blocking the view to the Basin. It claimed that the fence was necessary to prevent trespassing. The City sought an injunction ordering the fence’s removal, claiming that the industrial park did not have the requisite special permit to build the fence, the fence interfered with the City’s right to access the Basin, and that the fence constituted a nuisance. (more…)