Residents and community groups unsuccessfully challenged the City’s 111-block rezoning. In May 2008, the Department of City Planning proposed a 111-block rezoning in the East Village and Lower East Side neighborhoods of Manhattan. The rezoning sought to preserve the area’s low- and mid-rise character by applying contextual zoning districts establishing maximum building heights and channeling new construction to areas suitable for development. The proposal included applying the City’s Inclusionary Housing Program provisions to certain zoning … <Read More>
Court Decisions
Trade fixtures claims denied
Owners sought compensation for fixtures that were inconsistent with highest and best use of properties. The City acquired two parcels of land for its West Bushwick Urban Renewal project in Brooklyn. Each property owner sought compensation for trade fixtures, which primarily consisted of fencing, gating, paving, curb cuts, and a sidewalk for a parking lot. The City offered the owners an advance payment for the trade fixtures, but noted that if the land were to … <Read More>
Willets Point Group Denied Equal Protection Claim
City chose not to heavily invest in Willets Point infrastructure. In November 2008, the City Council approved a $3 billion development plan for Willets Point, an industrial neighborhood in northern Queens. When implemented, the plan would transform the low-end commercial area into a mixed-use community with residential, retail, hotel, and entertainment uses. Under the plan, the City could utilize eminent domain to acquire property needed for development. The Willets Point Industry and Realty Association, an … <Read More>
High Court voids variance
Court of Appeals ruled BSA abused discretion in granting variance. GAC Catering Inc. purchased a single-family home at the intersection of Otis Avenue and Hylan Boulevard in Staten Island across the street from its catering business. GAC demolished the house and applied to the BSA for a use variance to build a two-story commercial photography studio to be used in conjunction with GAC’s catering hall. GAC claimed that commercial uses predominated the area, and that … <Read More>
Court upsets Columbia’s eminent domain option
Property owners challenge ESDC’s authority to use eminent domain on behalf of Columbia. Looking to expand in West Harlem, Columbia University teamed up with the City’s Economic Development Corporation in 2001 to redevelop the area. Not long after, EDC issued a West Harlem Master Plan. The plan stated that West Harlem could be redeveloped through rezoning, and did not mention any blighted conditions in Manhattanville. Columbia began purchasing property in the area in 2002 for … <Read More>
EAS not required for NYPD command center
The NYPD to house Joint Operations Command Center in building adjoining One Police Plaza. In 2000, the New York Police Department planned to demolish a two-story building at 109 Park Row in Manhattan and replace it with a nine-story building. After September 11, 2001, the NYPD decided instead to renovate the existing building and create a $13.8 million, 22,000 sq.ft. Joint Operations Command Center. The command center would operate as a state-of-the-art crisis response situation … <Read More>