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March 12, 2009

EMINENT DOMAINIA: The Big Apple Bites!

Willets Point United, WILLETS POINT UNITED CHALLENGES CITY’S ENVIRONMENTAL REVIEW

Willets Point business and land owners filed an Article 78 petition yesterday challenging the environmental review for New York City's proposed redevelopment of their properties.

Twenty-two members of Willets Point United Against Eminent Domain Abuse filed an Article 78 petition today with the NY State Supreme Court against Mayor Michael Bloomberg, the New York City Council, the City Planning Commission and Deputy Mayor Robert Lieber challenging the environmental review that was completed by the City of New York.

The main points of the filing are as follows:

  • Petitioners are challenging the Deputy Mayor’s Office appointing itself as the lead agency on the project. Under the State Environmental Quality Review Act (SEQRA) this office does not “have jurisdiction to fund, approve or directly undertake an action,” and therefore cannot be a lead agency.

  • The Deputy Mayor’s Office failed to identify and report many of the environmental impacts it was required to under a SEQRA review, including impacts on traffic and highways, emergency response, the city’s water supply and the likelihood of plan approval by federal and state highway authorities.

  • The plan takes private property without a public purpose. The current plan is simply a theoretical possibility and the Kelo decision stated that condemners must have a concrete plan in place and a “carefully formulated economic plan” in order to seize property.

Duffield St. Underground, Dissolving businesses in the name of economic development

In order to promote business, the NYC Economic Development Corporation (EDC) is displacing businesses. Today's example comes from 223 Duffield Street, where A&B Distributors have been thrown into uncertainty. The EDC has bought their building, and now this long-standing enterprise must pay its "occupancy fee ("rent")" to the NYC Department of Housing Preservation & Development (HPD). Of course, since the EDC is so good at economic development, it has not told this business how long it will hold this business in limbo before demolishing the building.

Crain's NY Business, Companies sue to stop city’s Willets Point remake

In their latest attempt to thwart the Bloomberg administration’s plans to redevelop Willets Point, more than 20 Iron Triangle business owners filed suit Wednesday in state Supreme Court challenging the city’s environmental review of the area.

The suit alleges the city’s environmental impact statement falls short of requirements under state law, especially regarding the project’s potential effects on local traffic. It also contends Deputy Mayor Robert Lieber’s office does not have the authority to play a lead role on the project. And it argues the city’s plans for the area are too vague to serve as a justification for the use of eminent domain.

NoLandGrab: "Latest attempt to thwart the Bloomberg administration's plan to redevelop Willets Point?" How about the latest attempt to keep their properties from being seized against their wishes? Guess we know which side Crain's is on.

Posted by eric at March 12, 2009 10:33 AM