Court Decisions

Split Court Upholds Sunset Park Rezoning Plan [UPDATE: Court of Appeals Affirms]

This article was originally published on 10/15/2011 (see below for update).

Dissent argued that City only belatedly added consideration of rezoning’s impact on low-income residents. In April 2009, the Department of City Planning proposed a 128-block contextual rezoning of Sunset Park, Brooklyn. Planning sought to preserve the residential neighborhood’s built character while allowing new construction at a height and scale consistent with existing development. The proposal called for establishing height limits, mapping new … <Read More>

Williamsburg Mixed-Use Project Withstands Legal Challenge

City approved developer’s request to rezone 15 tax lots to facilitate the development of two, six-story buildings near site of Domino Sugar project. Bruce Terzano (through JBJ, LLC) sought City approval to build a two-building mixed-use project at the corner of Wythe Avenue and South 3rd Street in Williamsburg, Brooklyn. To facilitate his proposal, Terzano asked the City to expand a nearby MX-8 special mixed-use district to include 15 tax lots on the eastern … <Read More>

Sign Company and SoHo Building Owner Agree to Pay Record Fine for Illegal Signs

Owner of 598 Broadway and Colossal Media Group repeatedly installed advertising signs without Landmarks’ approval. On May 4, 2012, the New York City Law Department and the Landmarks Preservation Commission announced that 598 Broadway Realty Associates and Colossal had reached a settlement agreement with the City to remove the existing illegal signs on the building facade facing Houston Street and to pay $225,000 in civil fines. According to the Law Department, this was the … <Read More>

Supplemental environmental review of Atlantic Yards ordered

Court found ESDC’s environmental analysis insufficient due to change in Atlantic Yards project, but refused to halt project. In 2006, the Empire State Development Corporation approved the general project plan for Forest City Ratner Companies’ Atlantic Yards project in Brooklyn. The $4 billion project includes a sports arena and sixteen high-rise buildings. Ratner agreed to purchase air rights from the Metropolitan Transportation Authority at the beginning of the project in order to facilitate the … <Read More>

Court increases award for East Side Access properties

MTA took private land to expand Sunnyside Rail Yard for East Side Access Project. The Metropolitan Transportation Authority acquired 38-38 43rd Street and 38-40 43rd Street in Sunnyside, Queens through eminent domain. The MTA plans to use the lots to expand the Sunnyside Rail Yard for the East Side Access Project, which would connect the Long Island Rail Road directly to Grand Central Terminal in Manhattan. 38-38 43rd Street consisted of a two-story storage, warehouse, … <Read More>

MTA must compensate for taken trade fixtures

Fulton Street Transit Center. Image: Mary Gillen.

MTA claimed that compensation for trade fixtures in building taken for transit project would constitute improper windfall payment. Three restaurant tenants in a three-story building at 194 Broadway in Lower Manhattan sought compensation for their trade fixtures after the Metropolitan Transportation Authority acquired the property through eminent domain for its Fulton Street Transit Center project. The three restaurants were separately incorporated, but were owned by the same individual … <Read More>