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.
31 comments:
"parks are for our people" who spend a lot of money to store their cars for a few hours. That's all the land is used for.
Where's the "like" button?
""parks are for our people" who spend a lot of money to store their cars for a few hours. That's all the land is used for."
Well if the Wilpons no longer need it to park cars on, then a chunk of that lot should be turned back into green space, not have a mall plopped onto it.
How is it that Tony Avella is the only elected official in the entire state to realize that this plan was bogus from the beginning?
I'm so HAPPY we have Tony on watch. Not only Tony but the people who support Tony's efforts are all really great people who care so much about our community.
What a shame. All that payoff money wasted.
Bravo to all!
The Use of public land for private use constitutes nothing less than a blatant invasion .
The only thing that was missing, in this case, was armed troops
deployed to invade the area.
At last we get to see that justice prevailed, and the theft of parkland was prevented.
Jerry, how about a new cartoon?
A great victory for the people of Queens, much thanks to Tony Avella, the only elected official with guts. Yes Virginia, you CAN fight City Hall!
I note that Avella was the only Albany pol to join the lawsuit. Where were the other senators and the assembly members? How could the council members approve the parkland giveaway?
The Wilpons are glorified gypsy squatters. Always will be.
Best Queens news in years. Thanks to all of those who worked so long and hard.
What a shame. All that payoff money wasted.
Obviously not enough cash was spread around and to the wrong people.
I left NY 12 years ago,born and raised in queens,my friends say its changed so much I would not recognize it,if true that's sad.
The city doesn't have money to maintain FMCP. They should rent out the asphalt lot to anyone who offers enough money to fix up the rest of the park, including building a walkway/bikeway to connect the marina to the rest of the park and funding a set of citibike docks to facilitate visitor circulation throughout the park.
And where was our Borough President? Next time she sings open your mouths and BOO.
Now maybe the Wilpons will sell the Mets to owners who want to win.
Can't the Wilpons (or whoever) just bribe more people to get enabling legislation passed? If not, great and Anon No. 17 may be onto something else as well.
They can fool some of the people some of the time, but...
"They should rent out the asphalt lot to anyone who offers enough money to fix up the rest of the park,..."
If so Ms. Katzenjammer will then filch most of the money for some other project in LIC or Forest Hills or Jamaica or Sunnyside. She won't fix up the park because many of those who utilize the park don't, can't or won't vote. They are an unrepresented crowd who doesn't complain.
The elected representatives of the park district don't care either. It took a neighboring rep, Tony Avella, to squash the deal for now. But wait. This will be appealed and the Wilpon's will spread enough cash around to get it approved.
They should list All the plaintiffs in the lawsuit so they can all get credit. While Avella did the right thing, its his job.
Who are the rest of the brave plaintiffs?
wow ... the Wilpons can't even afford to bribe the right people .
Rent the parkland for outdoor concert/dancing use, and open up some new jobs. You have the parking and transportation access covered, so what we waiting for?
The city never seems to have money for the right things. They always cry poverty, but there is always enough cash for connected developers.
NYC should have never sold Muni Lot #1 in Flushing to TDC Rockefeller Group. It should have been leased. You see, NYC missed a good opportunity there. How come they were willing to forgo needed parking for a cheap price instead of getting some rent for....let's say....99 years?
Great news for a change. The argument that the parking lot was not needed was so wrong.Why are cars still parking on the grass in the park for the US Open? You wouldn't see this in Central or Prospect Parks.Also the lot is used for the Big Apple Circus and other community events. Or like Crappie says,if they really don't need the land turn it into green space.
This attempt to steal public land is one of the dirtiest,sneakyist things that happened during the Bloomberg Administration.Can we have a list of how our elected officials voted on this.Thank you Sen. Avella.
BEST NEWS I'VE HEARD ALL DAMN DAY!!!!
The first victory for the common people over the vulture funders, immoral investors, predator developers, hack sellout electeds and those stupid Wilpons.
Avella for Mayor...NOW!
The mall will be built--just now a bit delayed...bet on it...
There goes Wellington Chen's retirement fund. There goes his pal's Claire Shulman's.
The mall will be built, just delayed?
TDC has one of their shills counterposting.
These Chinese companies think they are exempt from United States law.
TDC did not win the bid to build the mall. It was Related Company and Sterling Equities.
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