Justice Manuel Mendez, NYS Supreme Court, NY District, has issued his decision to dismiss the lawsuit brought by plaintiffs Sen. Tony Avella, City Club of New York, Queens Civic Congress and others, challenging the plan of Queens Development Group LLC to construct a 1.4 million square foot mega-mall on 40+ acres of Queens parkland.

Justice Mendez concludes that the 1961 authorization to construct Shea Stadium also allows construction of the mega-mall on parkland.

Below is the official statement of John Low-Beer, attorney for plaintiffs, concerning the decision of Justice Manuel Mendez to dismiss the case:

"Plaintiffs believe that the decision misunderstands the common law doctrine that prohibits any nonpark use of parkland without the specific and explicit approval of the State Legislature.  The State Legislature, when it passed the 1961 law permitting the construction of Shea Stadium, did not intend to allow construction of a shopping mall.  That law did not allow the construction of anything except a stadium and related facilities on the site.  Plaintiffs will appeal, and believe that this decision will be reversed on appeal."

Please head on over to Willets Point United to read the judge's decision.

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

Who:        Petitioners/Plaintiffs and Respondents/Defendants
                in the matter of Sen. Tony Avella v. City of New York
                Index number 100161/2014

What:      Oral argument in New York State Supreme Court

When:      July 30, 2014 at 2:15PM

Where:    71 Thomas Street
                New York, New York 10013
                Courtroom of Justice Manuel Mendez / Part 13 / Room 210

After her public hearing, at which there were 20 speakers in opposition and just 2 in favor, and prior opposition from the overwhelming majority of the combined memberships of community boards 3 and 7, Borough President Helen Marshall has APPROVED the 1.4 million square foot Mets mall to be constructed on mapped parkland in Flushing Meadows Corona Park.

The City Planning Commission public hearing is next Wednesday, July 10, on a calendar with other items. The entire session begins at 9:00AM, but according to the CPC calendar the Mets mall hearing "is not likely to begin before 11:30AM".

There will be a Community Board 7 public hearing this Monday night regarding Willets Point / Willets West mall.  The public is encouraged to testify.  This past Wednesday, the Land Use Committee of CB7 rejected the proposal with a "NO" in a landslide 7-2 vote, but the vote Monday is the one that counts.

What: Community Board 7 full board meeting
Date: Monday, May 13th
Meeting Time: 7:00pm
Place: Union Plaza Care Center, 33-23 Union Street, Flushing, NY 11354
Sign up to speak upon entering.

The application is being portrayed as a "minor amendment to the previously-approved project" -- but it obviously is not. The effect of the amendment is to nearly double the size of the project from 62 acres to 108.9 acres, and to prioritize the construction of a previously undisclosed 1.4 million square foot mall on public parkland that is presently a Citi Field parking lot. If you thought the original Willets Point development was a monstrosity, this is no comparison ...

The Queens Borough President and Community Board were promised a hand in selecting the developer for the project, but they were not consulted before Sterling/Related was chosen by the Bloomberg administration.  If they had been involved, perhaps a proposal that did not take public parkland would have been selected.
 
It also is not likely that the City Council will call up the project, hear testimony and publicly debate it.  Again, the project is being framed as just a "minor amendment to the previously-approved project," but the previously approved plan did not involve a mall, the Mets parking lot, or mapped parkland.
 
Here is an article from this week's Times Ledger newspaper, which reveals that the City and the developers are aware that parkland alienation is involved in this proposal: First Willets plan called for parkland swap.  Here also is a list of alternate proposals rejected by the City that would have spared parkland.

ZONING RESOLUTION THE CITY OF NEW YORK
Article XII: Special Purpose Districts 
Chapter 4: Special Willets Point District

(2/2/11)
124-17
Special Permit for Cogeneration Power Plant

The Board of Standards and Appeals may permit a combined heat and power cogeneration plant not to exceed 100,000 square feet in #floor area#, provided that:

(a) the power plant is designed to maximize both electric and thermal cogeneration system efficiency to the greatest extent feasible;
(b) a detailed energy analysis is submitted to the Board demonstrating that the system as designed shall operate with maximum efficiency and perform more effectively than a 
traditional, power-purchased-from-grid system; and 
(c) the power plant is designed primarily to serve the #Special Willets Point District#.
In addition, the Board shall refer such application to the Department of Environmental Protection for a report to ensure that the power plant is designed to maximize cogeneration efficiency to the greatest extent feasible and that the system as designed shall operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices, emissions limits, and the concealment of such #use# with #building# enclosures, landscaping, buffer zones or other methods.

(2/2/11)
124-18
Special Permit for Wastewater Treatment Plant

The Board of Standards and Appeals may permit an enclosed membrane bio-reactor wastewater treatment plant not to exceed 100,000 square feet in #floor area# on a site not to exceed 40,000 square feet in area, provided that the following findings are made:

(a) that in all cases the proposed plant promotes and protects the public health, safety and general welfare; 
(b) the proposed plant shall be adequate for anticipated #development# in the area to be served; 
(c) the proposed plant is designed primarily to serve the #Special Willets Point District#;
(d) the site for such #use# is so located as to minimize the adverse effects on the integrity of existing and future development, and to minimize the interruption of the continuity of retail frontage;
(e) the architectural and landscaping treatment of such #use# shall blend harmoniously with the rest of the area; and
(f) that such #use# shall conform to the performance standards applicable to M1 Districts.
In addition, the Board shall refer such application to the Department of Health and the Department of Environmental Protection for a report to ensure that the site-specific design of the enclosed membrane bio-reactor waste water treatment plant meets all City and State health and effluent standards.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including requirements for soundproofing, safety devices, and the concealment of such #use# with #building# enclosures,

Great open letter to the City Council over on the blog, Queens Crap.  Here's an excerpt regarding FMCP:

We, the people, need leaders who are willing to stand up for the citizens they represent and lie down in front of an earth-moving machine when the government, local, state, or federal, seeks to take a portion of Flushing-Meadow Park or Willets Point under some misguided notion of “eminent domain.” We do not need leaders who pander to developers to have their picture taken when the ground is broken. That is not leadership; it is sellout. Individual rights must be restored and both the private and public property of the citizens of New York must never be allowed to be taken for any private purpose, period. As I said in my first letter, I will do all to awaken the Patrick Henry in each of my fellow citizens so that they will remember how you violated the will of the people four years ago and send you packing in November. And if you happen to win, you shall remain imposters. 

Sincerely,

William J. Cariello III

Headline from today's New York Post, below.  Amazingly, Sterling Equities and The Related Group proposed a Shinnecock Nation-run casino on city parkland as part of their Willets Point West proposal, and the City hasn't completely ruled out the plan!

Please see stories in today's NY Post, A Walk in the Park and Willets Point United blogs, and see map below:

Just when you thought that it could not get any more outrageous than the CB7 committee meeting re: USTA expansion held last week, along came Tuesday night's meeting of the Queens Housing Coalition, held in Woodside at 57th Street and 39th Avenue, with a special presentation by the attorneys representing the joint venture of Sterling/Related to acquaint the community with the proposed Willets Point / Willets West development and the housing that comes with it (in 2028).

Highlights (and there were many) included attorney Ethan Goodman emphasizing that "our project does not affect any publicly accessible open space that is parkland. We are developing only HERE [points to PowerPoint slide depicting a large parking lot filled with automobiles] and HERE [points to next slide, depicting quonset huts with automotive businesses on 126th Street at Willets Point]. Our project doesn't take away any fields, grass, etc.

And, we're going to remove 100 YEARS' WORTH of contamination at Willets Point."

A key theme of the evening was alleged contamination, with the attorneys emphasizing that Willets Point had been used as an ash dump, with some ash piles having been "90 feet high". (So what?) Attorney Jesse Masyr said "it's beyond any doubt that the area is severely contaminated" – so contaminated that "no one can live there under the present conditions" and "it would be illegal to let anyone live there under the present conditions". To which the sole resident, Joe Ardizzone, came to the microphone and replied: "I'm 80 years old, and I've lived there ever since I was born, with no problem. How bad is it really, then?"

When the attorneys closed their PowerPont with a slide summarizing all of the projects' supporters (mostly housing/developer/chamber of commerce groups), Ardizzone added that a large number of groups also oppose the project – and cited the Queens Civic Congress's vote to oppose and its representation of 100+ civics.

By and large, the audience saw through the attorneys' double-talk. The Queens Housing Coalition trying to put lipstick on this pig, in support of fantasy housing in 2028, was pathetic. They should be ashamed of themselves.

City Council Member Julissa Ferreras did not attend.  Probably because it was held nowhere near her district.  Why is it that a meeting regarding housing built in Corona/Flushing was not held in either community?