Court finds environmental review for the Hudson Yards sufficient to cover changes to Javits plan. The plan to expand the Jacob K. Javits Convention Center underwent changes since the approval of the final environmental impact statement for the Hudson Yards rezoning plan in 2004. When in July 2006 the Empire State Development Corporation approved the changes without a supplemental EIS, four Hell’s Kitchen residents, the Municipal Art Society and the Hell’s Kitchen Neighborhood Association challenged … <Read More>
Court Decisions
Court of Appeals upholds restrictive covenant
Language in City approval binds future owners. After foreclosure, the City sold 330 West 86 Street for $340,000 to the tenants under UDAAP, to allow an expedited sale. The deed required the tenants to remove all code violations. Instead, the tenants sold the property for between $1 to $2.25 million. The new owner planned to demolish the building and construct a 15-story residential building. The adjacent co-op sued to stop demolition. A lower court enjoined … <Read More>
Council ordered to grant sidewalk cafe application
Council’s denial of permit based only on community opposition overturned. Jack Bistro, a restaurant at 80 University Place in Manhattan, applied for a sidewalk cafe permit to add outdoor seating. After a public hearing, DCA recommended approval. Community Board 2, which received the application from DCA for comment, recommended denial, citing the community’s “longstanding tradition” against outdoor seating along University Place.
When the application went to City Council, opponents reiterated that the community was against … <Read More>
Community Bord has advisory review only on Park plan
Parks renovation plans proceed for the fountain basin and plaza at Washington Square Park. After Community Board 2, Landmarks, and the Art Commission approved Parks’ renovation plans for Washington Square Park, neighboring residents claimed that Parks failed to adequately disclose details of the plan during the approval process. In August 2006, a lower court enjoined Parks from moving forward with the renovation, ordering Parks to resubmit plans for the fountain and fountain plaza to each … <Read More>
Second Ave. Subway condemnation moves along
Challenge by hotel and commercial owner rejected by court. In the summer of 2006, the MTA initiated the condemnation needed for the first phase of the Second Avenue Subway, the construction from East 63rd to East 96th Street. After holding a hearing and issuing final findings, the MTA requested a court to finalize its condemnation plan by allowing it to file a final map and authorize vesting.
Condemnees The Marmara Manhattan, an East 94th Street … <Read More>
City to pay $9 million for Queens waterfront property
Court rejected City’s lower valuation. As part of its plan to develop a waterfront park, the City in 1996 condemned waterfront property in College Point, Queens owned by Malba Cove Properties, Inc. A majority of Malba’s property is underwater and the remainder is constrained by several mapped, but unbuilt streets.
At the trial to determine the property’s value, the City submitted an appraisal estimating the total value at $890,000. Malba’s appraisal found it to be … <Read More>