Court Decisions

Court rejects challenge to Hudson Yards condemnation

Easements for No. 7 line challenged. In October 2005, the MTA and the Planning Commission issued the final determination and findings, approving the extension of the No. 7 line from Times Square to 34th Street and Eleventh Avenue. The final determination approved the acquisition by eminent domain of property and easements and the related zoning for that property.

Five landowners, including Milstein Brothers 42nd Street and Mercedes-Benz Manhattan, filed petitions under the eminent domain law … <Read More>

Court upholds LMDC on review of memorial design

9/11 victims’ families sought to preserve North Tower’s footprint. Family members of victims of the World Trade Center attack formed a coalition to represent and express their views on the plans for a memorial at the site. In January 2004 the Lower Manhattan Development Corporation selected a memorial design, which included the preservation of some portions of the North Tower’s slab floor, most commonly referred to as “the footprint.” In March 2004, after the site … <Read More>

Condemnation challenge time barred

Owner must file four months from Council’s action; challenge cannot be raised as a defense. In September 2003, DEP started the process to condemn a 12,500- square-foot lot at 142 Grand Street in Manhattan as part of the City’s construction of the Third Water Tunnel. The largest capital project in the City’s history, the Third Water Tunnel construction will enable the City to close and repair the City’s two functioning water tunnels for the first … <Read More>

Challenge to use variance moves forward

Neighborhood coalition challenged variance to developer of site adjacent to Brooklyn Cruise Ship Terminal. In late 2003, when 160 Imlay Street LLC received a use variance to convert a six-story industrial building in Red Hook, Brooklyn into a luxury condominium, the Red Hook-Gowanus Chamber of Commerce filed an article 78 petition challenging the variance. The Chamber, however, named only BSA in its petition and as a result the petition has been appealed all the way … <Read More>

TransGas Brooklyn power plant hits hurdle

Electric power plant proposed for site where City seeks to build 28-acre park as part of its Greenpoint- Williamsburg rezoning. On April 12, 2006, the Public Service Commission recommended denial of the second application of TransGas Energy Systems, LLC to construct an eight-acre electric power plant at 1 North 12th Street in Williamsburg, Brooklyn on a site that the City plans to condemn for a new 28-acre waterfront park.

After it spent $1.5 million on … <Read More>

Court allows late submittal of appraisal

Court considered local practice. To develop a 75-unit, low-income rental project, the City took title through eminent domain of property located at 1823 Madison Avenue, within the Milbank Frawley Circle East Urban Renewal Area. IM Gas Inc., the property owner, timely filed its notice of claim and an appraisal report, seeking compensation for the taking. When the City did not file its appraisal report within nine months after IM’s claim, IM moved for an order … <Read More>