State's highest COURT sides with Save FMCP;
rules that mall does not belong in public park
June 6, 2017 saw the Court of Appeals side with plaintiffs in Avella v. City of New York with regard to the use of public parkland.
Statement from City Club:
Statement from City Club:
- The Court of Appeals gave us a big win for Flushing Meadows this morning. In a 6-1 decision the Court held that the City has no right to allow a shopping mall to be built on parkland without absolutely explicit and specific consent of the State Legislature (which the City did not bother even asking for). This should be the end of the judicial line. It is possible that the City will now seek legislative consent. We'll keep you posted on that.
- Essentially, the Court held that the City's claim that the 1961 statute permitting construction and financing of Shea Stadium was broad enough to permit a shopping mall too lacked merit. The Court fully adopted our position: that the 1961 statute allowed construction of nothing more than the stadium, its parking lots, and other appurtenant facilities. The statute allowed various stadium-appropriate uses of the stadium and those facilities (e.g. athletic and cultural events), but did not allow construction of an independent structure having no relationship to the operation of the stadium.
- The decision has some fairly unique significance. While it is common for decisions under the public trust doctrine to recite that no non-park use is permitted on parkland without explicit and specific consent of the State Legislature, most cases under the doctrine concern situations where there is no claim that the Legislature acted on the particular use before the court. This provided an opportunity for the Court to apply general law to a specific situation, making it much easier for lower courts in the future to compare the facts then before them relate to the facts on which the Court of Appeals has already ruled.
- We are very grateful for the superlative legal work of John Low-Beer with Lorna Goodman on this case. They brought huge talent and energy to the case, with little enough financial reward that this can fairly be called a pro bono effort.
- ...the Court of Appeals has recognized what we have known all along – the plan devised by Sterling Equities, Related Companies and the Bloomberg administration to construct a “Willets West” mega-mall on public parkland is illegal. They, plus the City Planning Commission, have always parroted that the proposed mega-mall on parkland is “authorized by statute,” which today’s court decision confirms is utterly false.
APPELLATE COURT ISSUES HISTORIC DECISION
TO KEEP PARKLAND PUBLIC IN WILLETS WEST LAWSUIT
TO KEEP PARKLAND PUBLIC IN WILLETS WEST LAWSUIT
(QUEENS, NY, July 2, 2015) Today, State Senator Tony Avella, along with the City Club of New York, Queens Civic Congress, members of Willets Point United Inc., and nearby residents/business owners opposed to the “Willets West” mega-mall proposal, announced that the Appellate Division of the First Department issued a historic decision in their favor which will keep parkland public.
The lawsuit filed by State Senator Tony Avella, City Club of New York, Queens Civic Congress, members of Willets Point United Inc., and nearby residents/business owners against the “Willets West” mega-mall proposal, challenged 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 sought a declaratory judgment to invalidate approvals already granted to the project, as well as a permanent injunction to prevent the construction of a megamall on City parkland without the proper State legislative authorization or proper zoning. The Supreme Court of New York had ruled against Senator Avella and Petitioners, and the group appealed last August.
Today, Senator Avella, along with appellants, declared that the appellate court had announced its ruling in favor of Petitioners. In a unanimous decision, the appellate court granted injunctive relief and declared that the development can go no further without state legislative approval.
“Today’s decision sends a message loud and clear – our parks are not for sale. The fact of the matter is, this land was intended to be parkland, not the development of a shopping mall. In a city where public land is in short supply, simply handing parkland over is a betrayal of the public trust. The court has affirmed what we have been fighting for all along, and I am thrilled to see this decision come down on the side of justice,” said Senator Tony Avella.
“I am very pleased that the Appellate Division, in blocking the development of a shopping mall on parkland next to Citifield, has upheld the ancient common law doctrine that requires any government agency to obtain the approval of the State Legislature before disposing of parkland. This extra layer of protection for parkland has evolved in recognition of the fact that parkland is a scarce and precious resource. It makes it a little bit more difficult for our government to give such land away. It makes sure that we think twice before doing so, no matter how worthy or expedient the proposed project may be,” said John Low-Beer, Attorney for the Petitioners.
“We’d like to thank Senator Avella for being part of this important suit. This decision confirms first that our parks are for our people, and second that city government must comply with the law, just like the rest of us. There are many people who have contributed enormously to this effort. The City Club of New York is delighted to have been instrumental in launching this case, together with Senator Avella, Save Flushing Meadows Corona Park, Queens Civic Congress, Willets Point United, and many other civic organizations and local residents, and in particular, the wonderful group of Plaintiffs” said Michael Gruen of the City Club of New York.
“Since 2007, we have battled the City at all times over its plans for Willets Point, which expanded in 2012 against the community’s wishes to include the gigantic proposed ‘Willets West’ mall on public parkland,” “Today the Appellate Division agrees with what we’ve said all along: The City and developers failed to follow lawful procedure and now as a result their whole project cannot proceed. If Queens residents knew as much as we do about the horrendous traffic gridlock and other negative impacts of this Willets West/Willets Point Phase One project, they would be celebrating this court victory together with us. Today’s court decision absolutely vindicates all of our efforts and strengthens our resolve to continue challenging and opposing bad development propositions for our area. We’re especially thankful to Senator Avella, who has always done right by his constituents, City Club of New York which spearheaded the lawsuit, and stellar attorney John Low-Beer,” said Gerald Antonacci, leader of Willets Point United.
"We are very pleased with the decision case. It is disgraceful that these developers are attempting to seize 48 acres of public parkland and the Mayor and City Council supported it,” said Geoffrey Croft, President of NYC Park Advocates, Plaintiff.
“The Queens Civic Congress is thrilled that justice has finally been served and Flushing Meadows Corona park will remain available for use by the people of Queens. QCC, as a party to this action is deeply indebted to Senator TonyAvella, our fellow parks advocates and especially to the City Club and its attorneys for their diligent hard work in making this happen,” said Richard Hellenbrecht, Vice President of Queens Civic Congress.
“The entire premise of this parkland having to be developed in order for the rest of the Willets Point development to be completed was proven wrong in this decision. This shows that the taking of public land cannot be used for private gain,” Paul Graziano, Plaintiff and Urban Planner.
The lawsuit filed by State Senator Tony Avella, City Club of New York, Queens Civic Congress, members of Willets Point United Inc., and nearby residents/business owners against the “Willets West” mega-mall proposal, challenged 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 sought a declaratory judgment to invalidate approvals already granted to the project, as well as a permanent injunction to prevent the construction of a megamall on City parkland without the proper State legislative authorization or proper zoning. The Supreme Court of New York had ruled against Senator Avella and Petitioners, and the group appealed last August.
Today, Senator Avella, along with appellants, declared that the appellate court had announced its ruling in favor of Petitioners. In a unanimous decision, the appellate court granted injunctive relief and declared that the development can go no further without state legislative approval.
“Today’s decision sends a message loud and clear – our parks are not for sale. The fact of the matter is, this land was intended to be parkland, not the development of a shopping mall. In a city where public land is in short supply, simply handing parkland over is a betrayal of the public trust. The court has affirmed what we have been fighting for all along, and I am thrilled to see this decision come down on the side of justice,” said Senator Tony Avella.
“I am very pleased that the Appellate Division, in blocking the development of a shopping mall on parkland next to Citifield, has upheld the ancient common law doctrine that requires any government agency to obtain the approval of the State Legislature before disposing of parkland. This extra layer of protection for parkland has evolved in recognition of the fact that parkland is a scarce and precious resource. It makes it a little bit more difficult for our government to give such land away. It makes sure that we think twice before doing so, no matter how worthy or expedient the proposed project may be,” said John Low-Beer, Attorney for the Petitioners.
“We’d like to thank Senator Avella for being part of this important suit. This decision confirms first that our parks are for our people, and second that city government must comply with the law, just like the rest of us. There are many people who have contributed enormously to this effort. The City Club of New York is delighted to have been instrumental in launching this case, together with Senator Avella, Save Flushing Meadows Corona Park, Queens Civic Congress, Willets Point United, and many other civic organizations and local residents, and in particular, the wonderful group of Plaintiffs” said Michael Gruen of the City Club of New York.
“Since 2007, we have battled the City at all times over its plans for Willets Point, which expanded in 2012 against the community’s wishes to include the gigantic proposed ‘Willets West’ mall on public parkland,” “Today the Appellate Division agrees with what we’ve said all along: The City and developers failed to follow lawful procedure and now as a result their whole project cannot proceed. If Queens residents knew as much as we do about the horrendous traffic gridlock and other negative impacts of this Willets West/Willets Point Phase One project, they would be celebrating this court victory together with us. Today’s court decision absolutely vindicates all of our efforts and strengthens our resolve to continue challenging and opposing bad development propositions for our area. We’re especially thankful to Senator Avella, who has always done right by his constituents, City Club of New York which spearheaded the lawsuit, and stellar attorney John Low-Beer,” said Gerald Antonacci, leader of Willets Point United.
"We are very pleased with the decision case. It is disgraceful that these developers are attempting to seize 48 acres of public parkland and the Mayor and City Council supported it,” said Geoffrey Croft, President of NYC Park Advocates, Plaintiff.
“The Queens Civic Congress is thrilled that justice has finally been served and Flushing Meadows Corona park will remain available for use by the people of Queens. QCC, as a party to this action is deeply indebted to Senator TonyAvella, our fellow parks advocates and especially to the City Club and its attorneys for their diligent hard work in making this happen,” said Richard Hellenbrecht, Vice President of Queens Civic Congress.
“The entire premise of this parkland having to be developed in order for the rest of the Willets Point development to be completed was proven wrong in this decision. This shows that the taking of public land cannot be used for private gain,” Paul Graziano, Plaintiff and Urban Planner.
5% OF FLUSHING MEADOWS-CORONA PARK
IS UNDER THREAT OF PRIVATE DEVELOPMENT
IS UNDER THREAT OF PRIVATE DEVELOPMENT
Sign our petition
Please sign our petition against the encroachment of Flushing Meadows-Corona Park.
Stop the theft of Public parkland!
“The survival of our park system requires the exclusion from management of real estate dealers and politicians and that the first duty of our park trustees is to hand down from one generation to the next the treasure of scenery which the city placed in their care.”
— Frederick Law Olmstead
“What was once a run-down inadequate neglected collection of park properties is now the leading coordinated progressive park system in this country. Its spread of facilities and comprehensiveness amazes visitors of other great cities or those who have been absent from the City for a period of years. The Department of Parks had faced its problems honestly. However, there remains the problem of maintenance, that is, whether the citizens of New York City and those who live on its borders are ready to protect and maintain by their conduct and purses, all these new improvements.”
— Robert Moses, 1939
— Frederick Law Olmstead
“What was once a run-down inadequate neglected collection of park properties is now the leading coordinated progressive park system in this country. Its spread of facilities and comprehensiveness amazes visitors of other great cities or those who have been absent from the City for a period of years. The Department of Parks had faced its problems honestly. However, there remains the problem of maintenance, that is, whether the citizens of New York City and those who live on its borders are ready to protect and maintain by their conduct and purses, all these new improvements.”
— Robert Moses, 1939
Flushing Meadows-Corona Park is under siege (2013).
The Bloomberg administration is attempting to push through three major projects that would permanently seize more than 50 acres of public parkland for commercial projects that will also have enormous additional impacts on the surrounding communities.
We now live in era where not only are our public parklands readily available for commercial development but it is activity being encouraged under this administration.
Parks by law are supposed to be protected from non-park purposes — laws our elected officials have taken an oath to uphold.
Some elected officials seem to be confused about where exactly these projects are located. They have repeatedly touted the supposed great “economic benefits” to the area.
However, the “area” they keep referring to is a 1,255-acre, heavily used public park, and not a street or a commercial area.
A number of high-profile companies are vying for the land grab.
Bloomberg-preferred developer the Related Companies in partnership with Sterling Equities, the real estate firm controlled by the owner of the Mets, have plans to build a 1.4 million-square-foot mall and parking garage. The majority of the land for the $3 billion Willets Point project would be taken from parkland adjacent to Citi Field currently used for parking. The administration is attempting to get away with not alienating the land as is required under state law in order to use parkland for non-park purposes.
The city is desperately trying to rely on a 1961 bill that never replaced parkland used for Shea Stadium.
If the 40-plus acres being proposed for mall use are no longer needed for parking then it should revert back to its original recreational use. Our elected officials should be pushing for that instead of giving away our public spaces to the highest bidder.
Major League Soccer is pushing to build a 35,000-seat professional soccer stadium on up to 13 acres. The $300 million plan calls for filling in the former Pool of Industry from the 1964 World’s Fair which the City has allowed to deteriorate like much of the rest of the World's Fair relics.
Proponents of the project have sought to characterize the site as decrepit and “under-utilized.” One of the more absurd MLS claims is that "it’s a water body and that only 1 acre of grass would be used."
According to that philosophy, our water features, which make up fully one-third of all city parkland, are okay to develop. Besides providing pleasant views, the fountain area is used for jogging, as well as for wildlife.
Unlike the Willets Point deal, the city is requiring MLS to replace park land. But these replacement park facilities would not provide the same usefulness, location or value.
As part of a $500 million expansion, the U.S. Tennis Association plans to build a 15,000-seat stadium and an 8,000-seat stadium, as well as two parking garages totaling 692 spaces, and remove 422 trees.
Adding insult to injury unlike the proposed parkland seizure being proposed by MLS the Bloomberg administration is NOT requiring the USTA to replace the nearly one acre they are being allowed to take.
The USTA has been allowed to double its park land holdings since 1993 when they were permitted to expand from 21 acres to 42.
The city Economic Development Corp. is also irresponsibly attempting to push this massive project through without conducting a full environmental review of all three projects, needed to assess the cumulative impact.
If our officials are truly interested in creating jobs, they should start by taking care of the park. For decades, people have fought for the City to care for this vital resource.
Elected officials should be supporting the hiring of desperately needed permanent workers to maintain, program and secure the park. They have continuously allocated a fraction of the park funds needed and instead have been increasingly making deals that commercially exploit them.
The park’s deplorable condition speaks volumes about the city’s commitment to those who use it — mostly immigrants and people of color. The proposed projects have drawn fervent opposition from residents, hundreds of whom have come out to various public meetings.
The public must have a say in important land-use issues. It is well known this administration routinely ignores community-based planning and consultation.
Not surprisingly, none of these projects are being proposed in Central Park. The mayor lives across the street from it, as does Related Companies founder Steven Ross and his heir-apparent, Queens native Jeff Blau.
Central Park is protected.
The mall that does exist in Central Park is a grand promenade flanked with American elms and designed by Calvert Vaux and Frederick Law Olmsted, and not thankfully by Bloomberg and his development partners.
Parkland belongs to the people. Unfortunately, it’s the people who have to live with the actions of our elected officials long after they are gone.
We now live in era where not only are our public parklands readily available for commercial development but it is activity being encouraged under this administration.
Parks by law are supposed to be protected from non-park purposes — laws our elected officials have taken an oath to uphold.
Some elected officials seem to be confused about where exactly these projects are located. They have repeatedly touted the supposed great “economic benefits” to the area.
However, the “area” they keep referring to is a 1,255-acre, heavily used public park, and not a street or a commercial area.
A number of high-profile companies are vying for the land grab.
Bloomberg-preferred developer the Related Companies in partnership with Sterling Equities, the real estate firm controlled by the owner of the Mets, have plans to build a 1.4 million-square-foot mall and parking garage. The majority of the land for the $3 billion Willets Point project would be taken from parkland adjacent to Citi Field currently used for parking. The administration is attempting to get away with not alienating the land as is required under state law in order to use parkland for non-park purposes.
The city is desperately trying to rely on a 1961 bill that never replaced parkland used for Shea Stadium.
If the 40-plus acres being proposed for mall use are no longer needed for parking then it should revert back to its original recreational use. Our elected officials should be pushing for that instead of giving away our public spaces to the highest bidder.
Major League Soccer is pushing to build a 35,000-seat professional soccer stadium on up to 13 acres. The $300 million plan calls for filling in the former Pool of Industry from the 1964 World’s Fair which the City has allowed to deteriorate like much of the rest of the World's Fair relics.
Proponents of the project have sought to characterize the site as decrepit and “under-utilized.” One of the more absurd MLS claims is that "it’s a water body and that only 1 acre of grass would be used."
According to that philosophy, our water features, which make up fully one-third of all city parkland, are okay to develop. Besides providing pleasant views, the fountain area is used for jogging, as well as for wildlife.
Unlike the Willets Point deal, the city is requiring MLS to replace park land. But these replacement park facilities would not provide the same usefulness, location or value.
As part of a $500 million expansion, the U.S. Tennis Association plans to build a 15,000-seat stadium and an 8,000-seat stadium, as well as two parking garages totaling 692 spaces, and remove 422 trees.
Adding insult to injury unlike the proposed parkland seizure being proposed by MLS the Bloomberg administration is NOT requiring the USTA to replace the nearly one acre they are being allowed to take.
The USTA has been allowed to double its park land holdings since 1993 when they were permitted to expand from 21 acres to 42.
The city Economic Development Corp. is also irresponsibly attempting to push this massive project through without conducting a full environmental review of all three projects, needed to assess the cumulative impact.
If our officials are truly interested in creating jobs, they should start by taking care of the park. For decades, people have fought for the City to care for this vital resource.
Elected officials should be supporting the hiring of desperately needed permanent workers to maintain, program and secure the park. They have continuously allocated a fraction of the park funds needed and instead have been increasingly making deals that commercially exploit them.
The park’s deplorable condition speaks volumes about the city’s commitment to those who use it — mostly immigrants and people of color. The proposed projects have drawn fervent opposition from residents, hundreds of whom have come out to various public meetings.
The public must have a say in important land-use issues. It is well known this administration routinely ignores community-based planning and consultation.
Not surprisingly, none of these projects are being proposed in Central Park. The mayor lives across the street from it, as does Related Companies founder Steven Ross and his heir-apparent, Queens native Jeff Blau.
Central Park is protected.
The mall that does exist in Central Park is a grand promenade flanked with American elms and designed by Calvert Vaux and Frederick Law Olmsted, and not thankfully by Bloomberg and his development partners.
Parkland belongs to the people. Unfortunately, it’s the people who have to live with the actions of our elected officials long after they are gone.