Court Decisions

Court affirms approval of Brooklyn Sanitation garage

Property owners and neighboring residential buildings sued to stop Sanitation garage. The Second Department affirmed the lower court decision of Justice Abraham Gerges dismissing claims brought by property owners, nearby businesses and residents objecting to the condemnation of land in Clinton Hill, Brooklyn for construction of a Sanitation truck garage. 1 CityLand 48 (Dec. 2004).

The court found the parties’ claims untimely since their challenges to the condemnation were entirely based on the land use … <Read More>

Challenge to East 91st transfer station rebuffed

Community claimed the FEIS flawed, the project was a nuisance and a Bronx facility would be more economical. In June 2005, Sanitation obtained final City approval for construction of a marine transfer station on the site of an inactive waste transfer station at East 91st Street and the East River. The approval was part of a citywide proposal to make each borough responsible for the export of its own waste. Sanitation’s proposal to reactivate the … <Read More>

NYU East 12th Street dorm construction can proceed

Construction work can continue on new 26-story NYU dorm, which will incorporate the front tower of St. Ann’s Church. Photo:Morgan Kunz.

Court denied request to stop construction while residents file BSA appeal. East Village residents sought an injunction to stop construction of a 26-story dormitory for New York University on an East 12th Street site occupied by the vacant and partially demolished St. Ann’s Catholic Church.

Hudson 12th Development LLC purchased 120 East 12th Street, … <Read More>

Court upholds BSA’s denial of variance

BSA legalized existing Queens homeless housing facility, but denied request to expand facility. In the 1980s, Homes for the Homeless, Inc. converted an abandoned hotel on Rockaway Boulevard near Kennedy Airport into a 259-bed homeless housing facility; a use which conflicted with the lot’s manufacturing zoning. Over 15 years later, Homes applied to BSA for variances to expand the facility for 91 additional homeless families and legalize the use. The expansion faced significant opposition.

BSA … <Read More>

Yankees Stadium construction proceeds

Court refuses to halt destruction of 377 mature trees. After the City approved the New York Yankees’ plan to construct a new stadium, Save Our Parks, a group of over 100 Bronx residents, filed an article 78 petition challenging the final environmental review and sought an immediate injunction to stop the Yankees’ plan to remove 377 mature trees.

Court refuses to halt destruction of 377 mature trees. After the City approved the New York Yankees’ … <Read More>

City’s approval ruled not binding on future owners

Five-story row house at 330 West 86th Street to be demolished. Photo: Kevin Schultz.

Restrictions in deed and Council’s approval do not restrict future owners. The City foreclosed on a deteriorated five-story row house at 330 West 86th Street between West End Avenue and Riverside Drive. The City, through HPD, sought to designate the lot as a UDAAP, an Urban Development Action Area Project, to allow for a quick sale without an auction or bidding … <Read More>