Judge Dismisses Flushing Meadows Park "Willets Point West" Lawsuit - Group Vows To Appeal

A scheme hatched by the Bloomberg Administration and the City Council aims to hand over 47. 5 acres of Flushing Meadows - Corona Park worth as estimated $ 1 billion dollars to The Related Companies and Sterling Equities to build a 1.4 million sq. ft. mall known as Willets Point West. They are attempting to push the massive project through without receiving any approvals or even a vote. (Photo: Geoffrey Croft/NYC Park Advocates) 

Queens

A New York State Supreme Court judge has dismissed a lawsuit filed to prevent dozens of acres of public parkland from being developed into the city's largest shopping mall.  The group vows to appeal.     

Justice Manuel J. Mendez  dismissed the lawsuit which challenges the give-away of 47 acres of public parkland in Flushing Meadows Corona Park worth an estimated $ 1 billion to The Related Companies/ Sterling Equities to build "Willet's West," a 1.4 million square foot mega-mall adjacent to CitiField.  (full decision below)

A coalition of area residents,  environmental groups, business and home owners, and State Senator Tony Avella filed a lawsuit in New York County Supreme Court in February demanding the City halt its illegal handing over of mapped Parkland to build a mega-mall.

The suit 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 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 non-park uses without the consent of the Legislature which was not requested or obtained.

The City and developers claim entitlement to the land based on a 1961 law which authorized the construction of Shea Stadium.

The suit claims that the 1961 law never granted the defendants the use of the premises for these purposes.  

During the oral arguments on July 30th the developers and the City spent most of the time talking about the alleged benefits their project and very little time addressing the legal issues before the Court.  The Plaintiffs argued that the defendants were brazenly violating State law and the City Charter's land use provisions. 

“Most of their response, in their argument, had actually nothing to do with the issue at hand," State Senator Tony Avella commented after the hearing last month.

"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!" the Senator said.


Related Companies and Sterling Equities are attempting to build a 1.4 million square foot mall on 47.5 acres of mapped parkland in Flushing Meadows-Corona Park, west of Citi-Field stadium.  This represents the largest public parkland giveaway in recent history. The proposed project would allow the seizing of the public parkland to be used exclusively for non-park purposes without first getting State Alienation approval as is required under the law.  The construction of such a mall on public parkland would be unprecedented. 

The oral arguments also  provided some colorful moments.  Former Chief NY State Supreme Justice Judith Kaye, counsel at Skadden, Arps, Slate, Meagher & Flom representing the developers  explicitly inferred that shopping was a "recreational use." 

Plaintiff's include State Senator Tony Avella, City Club of New York, Queens Civic Congress, several members of Willets Point United Inc., and nearby residents/business owners, and NYC Park Advocates. 

"The decision flies in the face of the Public Trust Doctrine and ignores long-established case law, " said NYC Park Advocates, president Geoffrey Croft, a plaintiff in the suit. 

"Equally troubling is it bestows the powers of the former Board of Estimate for  land-use decisions to one person, the Mayor.  This is ironic considering the Board was declared unconstitutional because it violated the "one man, one vote"  provision of the Equal Protection Clause  which was determined to be un-democratic.  This is an issue that every NYC resident and elected official should be greatly concerned with," Croft stated 

"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 plaintiff's attorney John Low-Beer said in a statement.  

"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."

"It was disheartening to learn of Justice Mendoza's decision today in respect to the Willets West lawsuit," NY State Senator Tony Avella, who represents the 11th Senatorial District, and a plaintiff in the lawsuit stated. 

"We made some very good legal arguments and strongly believe that we are in the right on this issue. I look forward to submitting an appeal alongside the other plaintiffs and feel confident about a future positive outcome."



Rendering of the $ 3 billion dollar Willets Point projects.

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NY 1 - August 21, 2014 -  By Ruschell Boone 

Judge dismisses lawsuit seeking to halt massive Willets Point redevelopment

New York Daily News - August 21,  2014 - By Eli Rosenberg

Despite win, Willets Point developers are cautious

Crain's NY Business -  August 21, 2014 - By Joe Anuta 

City overlooks law in Willets Point project

New York Daily News - August 4, 2014,  By Tony Avella & John Low-Beer 

Lawsuit Filed To Stop Mega-Mall In Flushing Meadows-Corona Park

A Walk In The Park - February 11,  2014 

LESSONS OF WILLETS POINT: TRADING PARKLAND FOR DEVELOPER'S DONATION

City Limits - November 1, 2013 - By Patrick Arden

Legal Questions Emerge About Citi Field Mall
City Limits - July 30, 2012 - By Patrick Arden

Related Co. Strikes Gold As City Council Approves Park Land Grabs Deals - Willets Point West & Ruppert Playground Development Approved

A Walk In The Park - October 10, 2013 

Save Flushing Meadows-Corona Park

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Willets West Court Decision by Save Flushing Meadows-Corona Park

City Begins Land Use Process On Willets Point Land Grab

On Monday the City Planning Commission kicked off the land use review process for a sweeping proposal by the Queens Development Group — a joint venture between Sterling Equities and the Related Cos. — to redevelop Willets Point.   

Queens

By Geoffrey Croft

One of the centerpieces of the first phase of development, Willets West, proposes to erect a 1.4 million-square-foot mall in Flushing Meadows-Corona Park, on the site of the current Citi Field parking lot. The majority of the land for the $3 billion Willets Point project would be taken from parkland adjacent to Citi Field.

The City and Bloomberg-preferred developer the Related Companies in partnership with Sterling Equities, the real estate firm controlled by the owner of the Mets -  are attempting this without seeking State Alienation legislation as is required under state law 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. Critics of the plan argue that 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 - only - bidder.

The City and the developers are also attempting to bypass City Council approval.  

The City Council has the option of "calling up" the application if Council review is not mandated. 

In 2008 the Council approved the Willets Point redevelopment application but the Flushing Meadows-Corona Park acerage was not part of the plan.

The project faces a number of legal hurtles,  including the status of the parkland and the Federal Highway Admimistration's proposed ramp project.  

The enormous mall project is one of three commercial projects currently beign proposed for Flushing Meadows-Corona Park.  


The majority of the land for  the 1.4 million-square-foot $3 billion Willets Point mall project would be taken from Flushing Meadows-Corona Park adjacent to Citi Field. The parkland is currently used for parking.  The developers first choice was to build an enormous casino project documents recently released show.

Queens

The city kicked off its formal review process of the mega development at Willets Point on Monday.

The City Planning Commission certified changes to the zoning for the commercial and retail project near Citi Field, initiating the public debate among stakeholders in the upcoming months, according to the New York Daily News.  

The Queens Development Group, a joint venture between the Related Cos. and Sterling Equities, will present its plan in the coming weeks to develop 23-acres of the Iron Triangle to Community Board 7, the Queens Borough President’s office and the City Council. 

“You now have two very substantial development companies that are putting up their reputation and dollars to reverse 100 years of pollution,” said Jesse Masyr, an attorney for the group. 

“The vision has viability for the first time in 50 years.” 

The land will have to be remediated and cleaned of its toxins before construction can begin, officials said. The environmental impact study, which analyzes the consequences of construction including transportation, air quality and noise, weighed in at over 2,000 pages. 

“It’s an exquisitely complicated project,” Masyr said.

“It’s probably the single largest environmental review ever done by a private party in the City of New York.” 

One of the centerpieces of the first phase of development, Willets West, will erect a 1.4 million-square-foot mall on the current Citi Field parking lot.   



New York Mets owners, from left, Jeff Wilpon, Saul Katz and Fred Wilpon are also executives of Sterling Equities, part of the joint venture to redevelop Willet Point.  The Group's original proposel was to build an enormous casino in Flushing Meadows-Corona Park on the site of the current Citi Field parking lot in partnership with The Related Companies.   (Photo: KATHY KMONICEK/AP)


The joint venture will be responsible for 5 million square feet of new development — a mix of retail, entertainment and housing. Mayor Bloomberg previously said the $3 billion project will create 12,000 union construction jobs, 7,100 permanent jobs and generate $4.2 billion in economic activity over the next 30 years. Community Board 7 will get 60 days to mull the project and form its advisory opinion.

 “There’s still questions about using the parking lot for a mall,” said District Manager Marilyn Bitterman, who said she will defer to her committee chair people. “The board will hash it out.”

Next, Queens Borough President Helen Marshall gets to stake out her stance on the project. The City Council will be the final leg of the land use review process, and has the final say on whether to greenlight the sweeping project. But the ambitious proposal is not without its critics.     

Michael Rikon, the attorney who represented the business coalition Willets Point United in its fight against the city in its eminent domain claim, said there are still entrepreneurs opposed to the redevelopment. There are eight business owners in phase one that have yet to cut deals with the city on their properties, and many of the larger holdouts remain in the later phases of development, Rikon said.

“They’re going to continue to fight the project,” Rikon said. 

“The opposition is still united.” 

The city aborted its eminent domain plans in favor of the Queens Development Group proposal. City Councilwoman Karen Koslowitz blasted the timetable for affordable housing. 

“The affordable housing was pushed back to 2025, which I have found unacceptable,” said Koslowitz (D-Forest Hills). 

The lawmaker also worried that the shopping corridors on Roosevelt Ave. would be hampered by the new retail hub. Officials with the city Economic Development Corp. said Monday’s decision was a landmark step toward revamping the Iron Triangle.   


Flushing Meadows-Corona Park. The majority of the land for  the proposed 1.4 million-square-foot $3 billion Willets Point mall project would come from this parkland currently being used for Citi-Field parking.   (Photo: Geoffrey Croft/NYC Park Advocates)


Read More: 

Land use review for Willets Point development kicks off  City Planning Commission gives initial certification to zoning changes, beginning 7-month public review for $3 billion project
New York Daily News - March 18, 2013 - By Irving DeJohn

Casino Sought For Flushing Meadows Park - Willet's Point Documents Reveal
A Walk In The Park - February 5, 2013

Legal Questions Emerge About Citi Field Mall

City Limits - July 30,  2012 - By Patrick Arden  

Flushing Meadows Park Alienation Fight-Mayor's Willets Point Plan Uses Parkland For Shopping Center

Alienation Of Parkland? A rendering of 126th Street, with Citi Field on the left and a revitalized Willets Point on the right. The Bloomberg administration's Willets Point plan includes handing over acres of public parkland in Flushing Meadows Corona Park adjacent to Shea Stadium (CitiField) to be developed into a massive shopping mall. The current plan calls for erecting “Willets West” on the existing Citi Field Parks Department owned parking lot and turn it into a million- square-foot retail and entertainment center with more than 200 stores, movie theaters, restaurants, a parking structure and surface spaces for 2,500 cars. The Mayor indicated that the Related Companies, and Sterling Equities, the real estate firm controlled by the owners of the Mets, will develop 23 acres of Phase 1 including Willets West. Officials hope to break ground in three years. It is expected to take up to 15 years. (Rendering courtesy EDC)

Seth Pinsky, president of the city’s Economic Development Corp., claims a 1961 agreement with the Mets allows the parkland to developed. No word yet whether or not the "agreement" was approved by the state legislation which would be required in order to use the public park land for a non-park purpose. - Geoffrey Croft

Queens

At a breakfast meeting of the Queens Chamber of Commerce on Thursday, the mayor confirmed the latest plan for Willets Point which some people are calling a sweetheart deal for the Mets, according to The Queens Chronicle.

In addition, Bloomberg announced a $500 million proposal by the U.S. Tennis Association to update its facilities in Flushing Meadows Park. [See separate story].

Although plans for Willets Point, also known as the Iron Triangle, were leaked last month, Bloomberg outlined a timeline at the Laguardia Marriott Hotel in East Elmhurst for development initially along 126th Street and eventually in the Citi Field parking lot. The first phase of the Willets Point development is expected to take up to 15 years.

“At Willets Point, where others have seen challenges, we have always seen enormous opportunities,” Bloomberg said. “I expect the project to be built.”

He indicated The Related Companies, a developer, and Sterling Equities, the real estate firm controlled by the owners of the Mets, will develop the 23 acres of Phase 1. The project, he said, will “activate significant acreage” on both sides of Citi Field to create “a true center of economic growth for Queens.”

Now home to auto repair shops and located across the street from Citi Field, plans call for transforming 126th Street into an area with a 200-room hotel, 30,000 square feet of retail space and restaurants and an interim 20-acre surface parking area that can be converted to recreational use when the Mets are not playing at home.

Following completion, the developers will erect “Willets West” on the existing Citi Field parking lot and turn it into a million- square-foot retail and entertainment center with more than 200 stores, movie theaters, restaurants, a parking structure and surface spaces for 2,500 cars.

This is the part of the project that has some in the community scratching their heads. Gene Kelty, chairman of Community Board 7, who attended the breakfast, said he isn’t sure of the plan’s legality. Citi Field and its parking lot sit on public parkland, and Kelty doesn’t think putting up a commercial shopping center is the proper usage.

Jack Friedman, executive director of the Queens Chamber of Commerce, who organized the breakfast at the mayor’s urging, thinks such a use of the parking lot could be alienation of parkland.

But Seth Pinsky, president of the city’s Economic Development Corp., said following the mayor’s speech that a 1961 agreement with the Mets allows for development.

Nevertheless, Kelty said, the plan “worries me” and he wants to see the 1961 agreement. In addition, he is concerned that the other three developers who sought the Willets Point contract were in a less favorable position with the city than the winner and could not compete with the Mets parking lot scheme. “The others didn’t get something special like the Mets,” Kelty added.

He also said that The Related Companies, which built the 20th Avenue shopping center in College Point, does not have a good record with the community. “The company does not take care of the local community,” Kelty said, pointing to the 10 years it took for the firm to agree to a cut-through on the property to alleviate traffic, one that it didn’t even have to pay for.

Once the proposed Willets West is complete, Bloomberg said, the city will go ahead with the federally approved construction of new Van Wyck Expressway access ramps.

Chuck Apelian, vice chairman of CB 7 who also attended, said he is concerned about lack of egress to the proposed shopping center. The site borders Northern Boulevard and Roosevelt Avenue, which are already congested on game days.

He noted the plans call for a six-story parking structure on the north end of the Mets parking lot. “That means everyone will be exiting at one point after a game,” Apelian said. “It will have a huge impact.”

He added that when CB 7 approved the Willets Point plan in 2008, “this is not what we bargained for.”

Phase 1 work will conclude with constructing more retail space, offices, 2,500 housing units and a 280-room hotel in Willets Point. The starting date for the residential area is 2025.

Pinsky said he was assured that the city would prevail without resorting to eminent domain for the remaining businesses in Willets Point that do not want to leave.

Later Phase 1 work calls for erecting a small convention center, up to 5,500 housing units and a park, but there is no timetable set. Dropped from the original plans is construction of a public school in Willets Point.

Pinsky said vehemently that there are no plans to erect a casino at Willets Point.

But before any construction can begin, the city is required to conduct a new environmental review, amend the zoning, hold public hearings and get approval from the City Council. That could take three years.

Then the city will pay $100 million for demolition, remediation and other improvements before work can commence. Bloomberg said the city now has agreements with 95 percent of Willets Point landowners to complete Phase 1.

But some of the business owners, who are members of Willets Point United, do not want to leave or be relocated. One of those, Jerry Antonacci, whose family has owned Crown Carting for years, called the plan, “a sham from day 1, all for them ,” meaning the Mets.

“At the last hour, the citypulled out of eminent domain because if the judges found out about this plan, they would never have allowed eminent domain, and what a black eye that would have been,” Antonacci said. “That’s why the city must now pay the $1.1 million legal bill of WPU that we have forwarded to the courts.”

Michael Rikon, an attorney representing WPU, said Friday there are a number of problems with the mayor’s proposal, but the bottom line is “it’s not legal.”

He noted that the city does not have an assembled site, meaning it doesn’t own all the land, and “It won’t pass muster on the environmental review since the added traffic with the shopping center will be explosive. It’s horrendous to put in a mall there.”

He called the proposal “a gift of taxpayers’ money” to the Mets, adding that it’s illegal to build on public parkland.

Rikon expects WPU to file more lawsuits against the city over the latest proposal.

“Of course, the mayor will be out of office before the plan can start and a new mayor can drop the entire thing,” he added.

Read More:

MAYOR ANNOUNCES DEVELOPMENT IN PARKING LOT AND ON 126TH STREET

Willets Point plan raises new issues

Queens Chronicle - June 21, 2012 - by Liz Rhoades