Senator Avella and Advocacy Groups who are challenging the “Willets West” mega-mall proposal completed their oral arguments before Justice Mendoza yesterday

On Wednesday, the lawsuit filed by State Senator Tony Avella, City Club of New York, Queens Civic Congress, several members of Willets Point United Inc., and nearby residents/business owners against the “Willets West” mega-mall proposal was argued before the New York State Supreme Court.

Attorney John Low-Beer argued the matter on behalf of the Plaintiffs/Petitioners.

The lawsuit is challenging the give-away of 47 acres of Queens parkland worth an estimated $ 1 Billion to build the "Willets West" mega-mall adjacent to CitiField. The suit seeks a declaratory judgment to invalidate approvals already granted to the project. In addition, the suit seeks a declaratory judgment for a permanent injunction which would prevent the construction of a megamall on City parkland without respondents having obtained required State legislative authorization and without respondents having obtained any zoning for this un-zoned park area.

During the oral arguments, both parties presented their case, with the City and developers claiming entitlement to the land based on a 1961 law which authorized the construction of Shea Stadium. However, Mr. Low-Beer explained that the 1961 law never granted the defendants complete control over the premises, which is comprised of public park land. 

Following the arguments, Mr. Low-Beer stated, "As they did in their legal papers, yesterday the developers and the City spent a lot of time talking about how great their project was and very little time addressing the legal issues that are before the Court.  We argued that the defendants are brazenly violating State law and the City Charter's land use provisions, and we are confident that the Court will so hold." 

Senator Avella added, “Most of their response, in their argument, had actually nothing to do with the issue at hand. The issue is that they still have to get the necessary approval from the State Legislature and undergo the City’s land use process before being able to develop on-site. As things stand right now, the developers are illegally taking away parkland and the City is letting them! It’s absurd and I am confident that the Court will agree.”

Mr. Michael Gruen, President of The City Club of New York, stated, “Too often in recent years, the City has acted as if parks exist to generate income rather than to serve the public’s need for places for recreation and relaxation.  A strong body of law called the public trust doctrine is supposed to protect against such abuse by barring any non-park use of park land without the specific consent of the State Legislature.  When the past City administration decided, without legislative approval, to turn over a large portion of the most important park in Queens to private commercial exploitation, the City Club felt it had to act to remind present and future City administrations that parks belong to the people, not to shopping center developers.” 

Marty Kirchner, street organizer with Queens Neighborhoods United, stated:

"As a social justice organization, Queens Neighborhoods United is honored to stand by the many plaintiffs in this lawsuit who would not comprise on such a scandalous parkland give-away. Together with numerous local residents and small business owners, we believe that under no circumstances is this mega-project justified. Not only would the city's largest mall take away precious parkland, but it would significantly diminish the quality of life throughout the surrounding neighborhoods, displacing low-cost housing and reducing the ability of immigrant family-based small businesses to thrive on nearby Roosevelt Avenue." 

Senator Avella concluded, “The bottom line is that this case must be decided on merits. And from what we heard today, the defendants have no explanation as to why they did not follow the law, just that they didn’t. I think their case simply does not make sense.”

Senator Avella And Advocacy Groups who are challenging the “Willets West”
mega-mall proposal will begin their oral arguments tomorrow  
 
(Flushing, Queens) TOMORROW, Wednesday, July 30th at 2:15 PM, the lawsuit filed by State Senator Tony Avella, City Club of New York, Queens Civic Congress, several members of Willets Point United Inc., and nearby residents/business owners against the “Willets West” mega-mall proposal will be argued before the New York State Supreme Court.
 
The lawsuit is challenging the give-away of 47+ acres of Queens parkland worth
$ 1 Billion to build the "Willets West" mega-mall. The suit seeks a declaratory judgment to invalidate approvals already granted to the project as well as a declaratory judgment for a permanent injunction to prevent the construction of a megamall on City parkland without respondents having obtained required State legislative authorization and without respondents having obtained any zoning for this un-zoned park area.
 
A press conference with the plaintiffs will directly follow the oral arguments, taking place on the front steps of the Supreme Court.
 
Attorney John Low-Beer will be arguing the matter on behalf of the Plaintiffs/Petitioners and will be available to speak to the press after the Court’s adjournment.
 
WHO: Senator Tony Avella, Mr. John Low Beer, lawsuit plaintiffs, community leaders, local residents and business owners
 
WHEN: TOMORROW, Wednesday, July 30th at 2:15 PM  
 
WHERE: New York State Supreme Court, located at at 71 Thomas Street in Manhattan;
                   Room 210 (Justice Mendez).
                   Doors to the second floor courtroom open at 2:00PM.
                   Press Conference with the Plaintiffs to follow directly afterwards
                   on the front steps of the Court

            State Senator Tony Avella of Whitestone, Queens, The City Club of New York, park advocacy groups, and an array of residents and business people neighboring the Flushing Meadows-Corona Park, filed suit today to cut off the threat of construction of a 1.4 million square foot shopping mall within the Park.

            The complaint alleges that the project cannot proceed without approval by the State Legislature under the “public trust” doctrine that protects all parkland throughout the State against any form of transfer or introduction of non-park uses without consent of the Legislature.  It does not appear that any such approval for the shopping center use has been requested or obtained.

            The complaint also alleges violations of the City’s Zoning Resolution and  Charter, and seeks annulment of approvals granted by the City to date for the related Willets Point plan.

            The site is 30.7 acres near the northerly end of the Park.  From 1964 to 2006, the site was occupied by Shea Stadium.  When Shea was demolished and replaced in 2009 by Citi Field at a location slightly east of the Shea site, the project site became a parking field for visitors to Citi Field.  The site has also been used for a variety of public recreational events including foot races, circus performances, an annual wheelchair baseball game, and concerts.

            In 2012, Sterling Equities and the Related Companies, both well-known developers, convinced the Bloomberg administration to allow the shopping mall on Park property, although the City Council had approved a plan in 2008 to place the intended retail development in the neighboring Willets Point development project along with affordable housing.   

            The project has moved forward without the customary public review.  There have been no hearings on it before community boards, the Planning Commission, the City Council, or the State Legislature.  The Bloomberg administration appears to have acted on the assumption that no public review is required because in 1961 the State Legislature approved construction of Shea Stadium and provision for parking, with wording broad enough, say proponents of the project, to allow replacement with a shopping center.  The Supplemental Environmental Impact Statement for the project on the parking field declares that the parcel is on designated parkland and that legislation permits the shopping mall project.  It lists approvals that the City and developers expect to seek, but State legislative approval is not among them.

             The contention that the 1961 law exempts this transaction from the public trust doctrine, says John Low-Beer, one of the plaintiffs’ lawyers, is wrong.  “The 1961 law was intended to allow a stadium and uses directly related to a stadium, such as parking, concessions, and other commercial activity typically incidental to a professional sports arena.”

            Low-Beer adds that the 1961 law “says nothing about a shopping center.  In fact, the Legislature explicitly prohibited any purely commercial uses other than ones strictly related to the stadium, such as concession stands.  The public trust doctrine requires that any legislative consent be very specific about what it will allow.  If it doesn’t specify a use, then that use is not permitted.”

            Senator Tony Avella stated that “Parks are intended to serve the people, to provide open space, landscaping, opportunities for recreation, playgrounds for children, and escape from the hordes and noise of a busy commercial city.  The only commercial uses that belong in them are those, such as snack stands, that enhance the park experience.  A shopping center is not one of them.  We have a wonderful law that is supposed to assure all of this, known as the ‘public trust doctrine.’  I’m outraged when the people who are supposed to administer parks for everyone turn them over to private interests without seeking the State Legislature's consent as the public trust doctrine requires.  So, I am very pleased to be a party to this action.”

            The plaintiffs include Paul Graziano and Ben Haber who have prominently opposed a spate of recent proposals for new or enlarged sports venues in the Park, as well as the shopping center.  The efforts of “Save Flushing Meadows Park,” a coalition of many Queens civic groups put together by Graziano, Haber and others, thwarted the proposed professional soccer stadium, though it was unable to stop a half-acre expansion of the Tennis Center.  They have also led opposition to the shopping center.

            New York City Park Advocates, a City-wide parks advocacy group that helped to establish “Save Flushing Meadows Park,” is also a plaintiff.  Other plaintiffs are individuals and businesses falling into several categories including nearby residents, park users, and businesses along Roosevelt Avenue and in Willets Point having special concerns about traffic and business displacement.

            The efforts of the “Save Flushing Meadows Park” group were recently bolstered by the City Club which took on the shopping center as a major project after successfully participating in a campaign to defeat a proposed upzoning of the East Midtown area around Grand Central Terminal that would have doubled the permissible bulk in much of the area.  After Council leaders announced in early November that the Council would vote against the plan, Mayor Bloomberg withdrew it.

            Michael Gruen, President of the City Club, said that the City Club joined the shopping center fight out of concern that “Flushing Meadows Park has long suffered from neglect in maintenance and from getting eaten away as a recreational park by a voracious assumption that every new idea for a commercial sporting activity should be given a home in this one Park.  Fortunately some of the worst, such as a proposed “grand prix” race track around the lake, have been defeated.  But this is a beautiful park and it deserves much better treatment.”

            Gruen added that the City Club sees the shopping center project as “perhaps the most egregious example of commercialization of parkland throughout the city.  There are places where the annual cycle of fashion shows and holiday bazaars leave little time for enjoying the open space and landscaping. That it is the worst of a pattern of treating parkland as an asset to be sold off for commercial use caused us to take it on so that we could get the courts to draw a clear line:  commercial uses that do not enhance the recreational experience of parks do not belong in the parks.”

            Gruen said that the City Club hopes “clearly to confirm that any alienation of parkland requires legislative action, very specifically stating what uses are to be allowed.  The legislative consent must then be construed narrowly by the courts so that ambiguities in statutory language cannot be exploited, as the developers here are trying to do, to justify other commercial uses that the legislature had no evident intention of condoning.”

            The case is filed in the New York County Supreme Court.  John Low-Beer, Lorna Goodman and Meredith Feinman represent the plaintiffs.

            The complaint asks the Court to declare that the shopping mall project is illegal and to enjoin further steps toward its construction without compliance with applicable law including the public trust doctrine, and without imposing appropriate zoning regulations on the site.

            It also asks the Court to nullify actions taken by the Planning Commission, and approved by the Council in October of last year, to permit construction of parking facilities in Willets Point in lieu of the affordable housing and supportive facilities called for by the 2008 plan.  The complaint asserts that the Commission and Council knew that the changes in the Willets Point plan were needed for no other purpose than to accommodate stadium parking displaced by the intended shopping center, and knew that the shopping center project itself is illegal without approval of the legislature.  They knew that their action would facilitate illegal construction of the shopping mall, the promoters of which had clearly stated their belief that they could proceed with without legislative approval.  The Commission and Council thereby acted illegally, and arbitrarily and capriciously. 

Senator Tony Avella was joined last Friday by preservationists and several area civic groups at a press conference protesting the Landmarks Preservation Commission’s (LPC) decision to reject landmark designation for Flushing Meadows Corona Park (FMCP).

The 1,255 acre Flushing Meadows-Corona Park is the Borough of Queens’ most prominent park and provides open space and recreational benefits to thousands of borough residents and low and middle income families. The Park is a valuable asset for the City and the residents of Queens not only because of its green space and natural areas, but also due to its embodiment of historical structures and leading cultural and educational institutions. The Park also has a unique history, serving as host to two World Fairs in 1939 and 1964, plus hosting the General Assembly of the United Nations from 1946 to 1950.

That is why, earlier this year, Avella asked LPC to review landmark status for Queens’ most prominent and historic park, which is under the threat of devastating development interests. Currently, the Mets organization is floating the idea of building a Mall in the park, the United States Tennis Association is proposing to expand and Major League Soccer is still interested in building a stadium that would further eliminate parkland. 

Unfortunately, LPC recently denied this request and indicated that the park did not meet the criteria for designation.

Avella stated, “I am very disappointed in the Landmark Preservation Commission’s decision to not designate Flushing Meadows Corona Park as a landmark. It is clear to me that with its rich history and importance as Queens’ most significant and treasured park, Flushing Meadows Corona Park deserves landmark recognition, especially now. With three separate development proposals threatening to take away valuable parkland, Flushing Meadows Corona Park needs to be preserved now more than ever.”

“Parkland is sacred,” continued Avella. “The City should not be entertaining these proposals which would radically reduce open and recreational space for the hundreds of thousands of Queens residents who use this park on a yearly basis. Instead, the City should landmark this vital borough park to ensure its continued usage for generations to come and send a clear message that parkland is not for sale!”

“That is why I am calling on the Landmarks Preservation Commission to immediately reconsider their decision and demand that they hold a public hearing on this important issue. At the very least, the residents of Queens deserve to have their voices heard,” concluded Avella.

Paul Graziano, representing Save Flushing Meadows-Corona Park and a candidate for the 19th City Council District blasted the Landmarks Preservation Commission for the decades-long neglect of important historic structures in the park. "The first preservation battle that I ever got involved in was the Aquacade, which stood just to the south of the Long Island Expressway on Meadow Lake," stated Graziano, "and it was an incredibly important as it was one of the last remaining buildings from the 1939 World's Fair. The building suffered neglect in the 1980s and 1990s, and former Borough President Claire Shulman drew up a plan for its restoration - until she decided to hand a demolition contract to one of her financial supporters."

"We also almost lost the façade of the Queens Museum a decade ago, when the plan was to radically alter its façade. Thankfully, the financial crisis of the last few years ended that terrible plan - but it could have easily happened, and the place where the United Nations first met would have been unrecognizable to future generations."

"The New York State Pavilion also stands as a ruin, due to the neglect of New York City. This amazing structure by Phillip Johnson - one of the greatest architects of the 20th Century - stands as a testament to the lack of support that the remainder of the World's Fair fairgrounds and park plan has been jeopardized by the Landmarks Commission and city government for decades. It must end through the immediate landmarking of Flushing Meadows-Corona Park and subsequent funding to restore and enhance our borough's 'Central' park."

State Senator Tony Avella has petitioned the NYC Landmarks Preservation Commission for landmark status for Flushing Meadows-Corona Park, citing its history and remaining historical structures.