Atheist organization claimed that the steel-beam cross found by recovery workers at Ground Zero and displayed in September 11th museum violated Constitutional and State Law. In July 2011, a coalition including American Atheists, Inc. brought an action against the Port Authority of N.Y. & N.J. and the foundation responsible for developing, designing and operating the National September 11 Memorial and Museum regarding the display of a large cross in the museum. The seventeen-foot cross, made … <Read More>
Court Decisions
Court Dismisses Action Against Willets Point Developers
Public trust doctrine did not apply to Willets Point West development project. On August 15, 2014, the New York Supreme Court in Manhattan denied petitions for declarative and injunctive relief against the Willets Point Development Project in Queens. The petitions were brought by a coalition led by New York State Senator Tony Avella, The City Club of New York, and New York City Park Advocates. The petitioners argued that constructing a shopping … <Read More>
City Residents Fail in Last-Ditch Attempt to Block Construction of Solid Waste Facility
A federal judge has dismissed an action brought by New York City residents challenging the re-development of a marine waste transfer station. On July 10, 2014, U.S. District Court Judge Paul A. Crotty (S.D.N.Y.) dismissed claims against the City and the U.S. Army Corps of Engineers, clearing the way for development of a marine waste transfer station at 91st Street and the FDR Drive.
Union Square Restaurant Affirmed Unanimously by Court of Appeals
Court found the agreement was a valid license and did not violate the public trust doctrine; Coalition hopes new Mayor will terminate license. In March 2012, the City signed a licensing agreement with Chef Driven Market, LLC, (Chef) authorizing Chef to open a 200-seat seasonal restaurant in the Union Square northern pavilion. The Union Square Park Community Coalition filed an article 63 petition seeking a preliminary injunction against the City from enforcing the licensing … <Read More>
Parking Facilities Ruled Exempt from Property Tax
Parking Lots associated with Greater Jamaica Development corporation challenged Finance’s withdrawal of tax exemption. Greater Jamaica Development Corporation and Jamaica First Parking, LLC, brought an article 78 petition against the Department of Finance and the New York City Tax Commission, challenging the City’s revocation of a charitable tax exemption for the public parking facilities they owned and operated. On appeal to the Appellate Division, Second Department, the court restored the tax exemption.
NYU’s Plan Partially Enjoined
State Supreme Court declares project sites to be dedicated park land; enjoins construction. On July 25, 2012, New York City Council voted to approve the NYU Expansion project (See previous CityLand coverage here). Petitioners, including State Assemblywoman Deborah Glick and more than 20 other individuals and organizations that reside or are located in the vicinity of the NYU Expansion, filed an article 78 petition challenging Council’s approval. In a 77-page opinion, State Supreme Court … <Read More>