Court agreed DHS met their burden under the Fair Share Criteria. In 2012 the Department of Homeless Services opened Freedom House, a 200-family homeless shelter at 316-330 West 95th Street in Manhattan’s Upper West Side on an emergency contract. When the emergency contract expired, then-Comptroller John C. Liu declined to register the permanent contract. A community group, Neighborhood In The Nineties, filed an Article 78 petition to enjoin the Comptroller from registering the … <Read More>
Search Results for: Land Use Law
Appellate Division Upholds Sloan-Kettering, Hunter College Expansion
Court held City did not act arbitrarily; parkland-for-floor area was not illegal quid pro quo. On October 9, 2013, the City Council approved an application by Memorial Sloan-Kettering Cancer Center and The City University of New York/Hunter College for development of a former New York City Department of Sanitation garage. (See CityLand’s past coverage here.) Residents for Reasonable Development petitioned for injunctive and declarative relief, arguing the environmental impact statement failed to consider Hunter’s … <Read More>
Nonprofit’s Parking Facilities Ruled Subject to Property Tax
Court of Appeals reversed decision of Appellate Division recognizing a tax exemption. In 2011, the Department of Finance revoked a property tax exemption granted for five public parking facilities owned by the nonprofit Greater Jamaica Development Corporation and its LLC, Jamaica First Parking. The exemption, granted in 2007 pursuant to RPTL §420-a in recognition of Greater Jamaica’s mission to spur development and growth in the downtown Jamaica area, was revoked on the grounds that operating … <Read More>
Development of Willets Point Blocked on Appeal
Appellate panel found the authorization for private construction on parkland did not extend to a shopping mall. On October 9, 2013, the City Council approved Queens Development Group’s planned 10-story, 200-room hotel and 30,000-square foot mall complex on the Willets Point West site, formerly the location of Shea Stadium. The site was once the north end of Flushing Meadows Park until the state legislature authorized the stadium’s construction in 1961. The development would anchor further … <Read More>
New York State Court of Appeals Permits NYU Expansion Plan
Court found no implied dedication of target parcels as parkland. In 2012, the City Council approved a plan by New York University to develop two “superblocks” bounded by West 3rd Street, Houston Street, Mercer Street, and LaGuardia Place in the Greenwich Village section of Manhattan as part of an expansion plan for the campus. Assemblymember Deborah Glick, joined by the Greenwich Village Society for Historic Preservation, the Historic Districts Council, and other local … <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>