Claim alleges that the City improperly skipped land use approvals in Randall’s Island agreement on private school use. Parents of public school students and community residents from East Harlem filed an article 78 petition in Supreme Court on June 14, 2007, seeking to void the City’s approval of a concession agreement between 20 private schools and the Randall’s Island Sports Foundation. The petition asks the court to invalidate the agreement and force the City to … <Read More>
Court Decisions
Federal court challenge to Atlantic Yards dismissed
Residents failed to show that the project offered no public benefit. Brooklyn residents sued in federal court, challenging the state’s plan to use eminent domain to take their property as part of the Atlantic Yards project. The residents claimed that the project failed to meet a public purpose, and that the state was taking private property solely for the private benefit of Forest City Ratner Companies, the project’s developer.
Defendants, including the Empire State Development … <Read More>
Third challenge to East 91st transfer station rejected
Additional hearing on park status set for August 2007. State Assemblyman Adam Clayton Powell, IV and Upper East Side residents opposed the City’s plan to reopen the marine transfer station at East 91st Street in Manhattan as part of the Bloomberg administration’s Solid Waste Management Plan. The parties filed an article 78 petition, alleging that the environmental impact statement for the entire waste management plan was insufficient since it failed to adequately assess the construction … <Read More>
BSA overturned on Queens vested rights case
Buildings made initial error in not issuing building permit. In 2003, Hamida Realty sought plan approval from the Department of Buildings for two, three-family homes on two adjacent lots that would share a foundation and a common wall. Buildings approved the plans, but Hamida waited over a year to apply for permits. When it applied, Buildings granted the permit for one building, but held the second permit, erroneously requiring Hamida to submit a site safety … <Read More>
BSA and DOB overturned on East Village dorm
Local school affiliation not a requisite for building permit. In 1998, Gregg Singer purchased the lot at 609 East 9th Street from the City subject to a deed restriction that the site could only be used for a community facility. Singer then applied to the Department of Buildings to construct a new 19-story dormitory and demolish the P.S. 64 building that occupied the site. Since Singer’s plan showed full kitchens in each unit, Buildings asked … <Read More>
Local Law to preserve housing preempted
Affordable housing programs controlled by federal and state law. After multiple hearings on the declining number of affordable housing units, the City Council passed Local Law 79 of 2005 over a mayoral veto. The law gave tenants the right of first refusal to purchase their buildings when the owners sought to remove the properties from certain assisted rental housing programs. The law also allowed tenants who did not purchase their building to stay in their … <Read More>