On July 28, 2016, New York State Supreme Court Justice Lawrence Knipel dismissed the second of two challenges to a residential and hotel development upland of Pier 1 in Brooklyn Bridge Park, which provides critical funding for the park’s operations and maintenance. Sive, Paget & Riesel P.C. served as counsel for Empire State Development; the Brooklyn Bridge Park Development Corporation; and, with the New York City Corporation Counsel, as co-counsel for the Brooklyn Bridge Park Corporation in the defense of both lawsuits.
The latest suit asserted that the height of one of the buildings in the Pier 1 development violated the Brooklyn Heights Scenic View District (“SV-1”) requirements in the New York City Zoning Resolution. The Court ruled that because the petitioners had not alleged any SV-1 violations during their first challenge to the buildings’ heights, which was dismissed last September, their second lawsuit was barred by the doctrine of res judicata. The Court also held that the suit was barred by the statute of limitations and by Petitioners’ failure to exhaust administrative remedies, because they did not appeal the New York City Department of Buildings’ February 2015 approval of SV-1 compliance or commence suit within four months of that determination.
Sive, Paget & Riesel P.C. has represented Brooklyn Bridge Park since its approval more than a decade ago. For additional information about the recent litigation and the park, contact David Paget or Jonathan Kalmuss-Katz.