Atheist organization claimed that the steel-beam cross found by recovery workers at Ground Zero and displayed in September 11th museum violated Constitutional and State Law. In July 2011, a coalition including American Atheists, Inc. brought an action against the Port Authority of N.Y. & N.J. and the foundation responsible for developing, designing and operating the National September 11 Memorial and Museum regarding the display of a large cross in the museum. The seventeen-foot cross, made … <Read More>
Search Results for: Appeal
Municipal Liability: The Court of Appeals Clarifies Immunity Law
When municipalities are sued in tort, two of the most powerful bars to recovery are the public duty principle and the governmental function immunity defense. When these two principles are applicable, the City will not be made to pay compensation even if a City employee had been negligent and caused an injury.
Union Square Restaurant Affirmed Unanimously by Court of Appeals
Court found the agreement was a valid license and did not violate the public trust doctrine; Coalition hopes new Mayor will terminate license. In March 2012, the City signed a licensing agreement with Chef Driven Market, LLC, (Chef) authorizing Chef to open a 200-seat seasonal restaurant in the Union Square northern pavilion. The Union Square Park Community Coalition filed an article 63 petition seeking a preliminary injunction against the City from enforcing the licensing … <Read More>
Court of Appeals Affirms Order for Supplemental Environmental Review for Public Schools Built on Contaminated Site
Community Group sued the School Construction Authority seeking a long-term maintenance and monitoring protocol for the Mott Haven School site. The Mott Haven school campus site, consisting of four public schools, was formerly a railroad yard in the South Bronx. The site contained soil and ground water that were significantly contaminated, and the site needed to be remediated before the campus could be built. The campus opened in 2010.
The New York State Department of … <Read More>
Board of Standards & Appeals Adopts Major Revision of Its Rules on Practices and Procedures
BSA last amended its rules in 1995. On July 13, 2012, BSA adopted a final rule updating its practices and procedures. The final rule revises and clarifies the requirements governing filing procedures, public review, and the decision-making process for all applications filed at BSA. The final rule adds instructions on the filing, referral, and hearing notice requirements for vested rights applications; clarifies the types of applications filed on the Appeals (A) Calendar; revises the … <Read More>
Split Court Upholds Sunset Park Rezoning Plan [UPDATE: Court of Appeals Affirms]
This article was originally published on 10/15/2011 (see below for update).
Dissent argued that City only belatedly added consideration of rezoning’s impact on low-income residents. In April 2009, the Department of City Planning proposed a 128-block contextual rezoning of Sunset Park, Brooklyn. Planning sought to preserve the residential neighborhood’s built character while allowing new construction at a height and scale consistent with existing development. The proposal called for establishing height limits, mapping new … <Read More>