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March 27, 2008

Land owner challenges Columbia expansion

Nick Sprayregen will file a lawsuit tomorrow against the city and Columbia University, challenging the rezoning that paves the way for the school to expand into West Harlem.

Crain's NY Business
by Eric Engquist

Crain's was first out of the blocks yesterday with news of business-owner Nick Sprayregen's lawsuit challenging the environmental review paving the way for Columbia University's controversial expansion plan:

Businessman Nick Sprayregen filed a lawsuit Wednesday against the city and Columbia University, challenging the rezoning that paves the way for the school to expand into West Harlem.

The suit, filed in Manhattan in New York State Supreme Court, charges that the city did not fully evaluate the environmental impacts of the 2 million square foot “bathtub” that would lie under the new campus.

The case will be argued by Norman Siegel, the civil rights lawyer expected to run for public advocate in 2009, and Steve Silverberg. Such challenges of city actions, known as Article 78 proceedings, do not often succeed. But in some cases they lead to settlements, and this one at least promises to improve the negotiating position of Mr. Sprayregen, whose property is needed to carry out the expansion envisioned by Columbia.

If the businessman—who runs Tuck-It-Away Self Storage—does not agree to sell his parcels, they could be condemned through eminent domain.

article

The NY Sun, Harlem Landowner Sues Over Columbia Expansion

"I believe there are very significant issues that have not been properly addressed by the city and as a result, I am deeply concerned that if construction is allowed to proceed without proper independent review, a disaster may someday occur," he said in a statement. Mr. Sprayregen said he is not trying to stop the Columbia expansion but rather to ensure that if the underground space is constructed, the community is safe. He also intends to challenge the university's anticipated use of eminent domain to obtain the land for its desired expansion, he said.

Columbia Spectator, CU, City Sued Over M'ville "Bathtub" Plan

The “bathtub,” as it is commonly called, is designed to be a contiguous space, running from 125th Street to 133rd Street and from Broadway to 12th Avenue, that extends seven stories below ground level. If built, it will house a swimming and diving center, business school programs, scientific research laboratories, storage facilities, and a below-grade MTA bus depot.

But controversy has surrounded the project because of its placement along an earthquake fault line and near a flood plane which poses various environmental concerns, particularly in combination with the potentially hazardous chemicals used in the campus laboratories.

NoLandGrab: Critics of Atlantic Yards are well acquainted with superficial, developer-friendly environmental reviews — and the difficulty of overturning them in court.

Posted by eric at March 27, 2008 2:53 PM