After nearly a year and a half of yo-yo-ing back and forth between stop work orders and lawsuits, the Barry Diller-funded Pier 55 park can finally move ahead freely. The New York Law Journal reports that yesterday the state Court of Appeals denied the City Club of New York’s appeal of September’s ruling in favor of Pier 55 and the Hudson River Park Trust (HRPT) that said construction could continue on the 2.75-acre offshore park, dismissing the opponents’ claims that the park failed to go through adequate environmental impact evaluations and violated the public trust doctrine by planning to host private events.
As 6sqft previously explained, this ruling:
upholds a lower court’s decision that HRPT and Pier55 Inc. did in fact do a proper environmental review, and moreover, that HRPT was not required to put out an RFP to solicit other ideas for the site from other developers—another major point of contention. The court also decided that the park reserves the right to use the space for non-public events like ticketed concerts, although it is noted that “the lease requires that 51 percent of the performances be free or low-cost.”
Though this was likely the last straw for the City Club, there are still two pending legal challenges against the club, one by the New York State Department of Environmental Conservation disputing an environmental permit and one by the U.S. Army Corps of Engineers that says the project violates the Clean Water Act.
[Via The New York Law Journal]
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