“It is crystal clear that … [National Parks Service] acted outside of its legal authority,” wrote Judge Eric Vitaliano in the ruling.
The scathing 14-page decision released yesterday devastates the city's embattled plan to turn over the roofless Tobacco Warehouse to a DUMBO arts group, St. Ann's Warehouse.
In April, Judge Vitaliano issued
preliminary injunction halting the project.
In a strongly worded opinion he
rejected the arguments from NPS, the City, and the other defendants. "The house of cards erected by the defense cannot withstand the gentlest breeze," Judge Vitaliano wrote.To justify the removal, the Commissioner of the New York City Parks Department, Adrian Benepe, and other officials filed letters with NPS, declaring that the structures had been "mistakenly" included on the federal map in 2001 and that the Tobacco Warehouse, a roofless structure enjoyed by the public for free outdoor programming between 2003 and 2008, was "not intended" to be used for public recreation
Brooklyn
A Brooklyn federal judge yesterday ruled the National Parks Service illegally booted two historic 19th century buildings from US parkland protection to boost the Bloomberg administration’s push for private developers to take over the sites as part of the Brooklyn Bridge Park project, according to the New York Post.
The scathing 14-page decision devastates the city's embattled plan to turn over the roofless Tobacco Warehouse to a DUMBO arts group, St. Ann's Warehouse, for a $15 million project to bring community events and live theater to the park. It backs a preliminary injunction issued in April and also protects the Civil War-era Empire Stores site within the park from the city's development plans.
“It is crystal clear that … [National Parks Service] acted outside of its legal authority,” wrote Judge Eric Vitaliano in the ruling.
The decision was in response to a lawsuit filed the Brooklyn Heights Association and other groups claiming the feds bowed to city pressure by illegally de-mapping both buildings from federally protected parkland.
They also accused the city of lacking transparency in the bidding process to select St. Ann's.
Judy Stanton, executive director of the Brooklyn Heights Association, said her organization is “thrilled by the decision," adding "it validates" the concept that “public space should not be privatized.”
A city lawyer said "we believe we followed the appropriate procedures and are evaluating our options," which she added include appealing the decision.
Part of the city park occupies former federal and state parkland.
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