Before we begin…
In Matter of Avella v. City of New York, 2017 N.Y. Slip Op. 04383 (N.Y. June 6, 2017), the Court upheld a decision by the Appellate Division, First Department, blocking construction of the so-called “Willets West” project on Citi Field’s parking lot, where Shea Stadium once stood. The Court, relying on the public trust doctrine – a fixture of New York law for well more than a century – found that the proposed development had not been authorized by the New York State legislature and, therefore, could not move forward. The Court’s narrow reading of what the legislature had authorized – over the dissent of Chief Judge Janet DiFiore – suggests that in the future it might construe other legislative directives as narrowly when the public trust doctrine at issue
…
In 2011, Queens Development Group, LLC (“QDG”) proposed a two-phase project for developing Willets Point, a 61-acre area of land near Citi Field that has long been considered to be blighted. Willets Point has no sewers, sidewalks, or streetlights; has potholed and rutted streets; and is prone to flooding.
The plan called for construction, in several staged phases, of retail space, a hotel, an outdoor space, a public school, and affordable housing in the Willets Point neighborhood, and the construction of a large-scale retail complex on property known as Willets West – currently, Citi Field’s parking lot.
QDG included Willets West in the development proposal under the theory that “the creation of a retail and entertainment center at Willets West w[ould] spur a critical perception change of Willets Point, establishing a sense of place and making it a destination where people want to live, work, and visit.”
The city approved QDG’s proposal in May 2012. Thereafter, a state senator, not-for-profit organizations, businesses, taxpayers, and users of Flushing Meadows Park brought an action seeking to enjoin the proposed development. They alleged that because the Willets West development was located within parkland, the public trust doctrine required legislative authorization, which had not been granted.
The Supreme Court, New York County, denied the petition and dismissed the proceeding. The Appellate Division, First Department, unanimously reversed and granted the petition to the extent of declaring that construction of Willets West on city parkland “without the authorization of the state legislature” violated the public trust doctrine, and enjoining any further steps toward its construction.
In its decision, the Court examined whether the New York State legislature had authorized construction at Willets West, on property that the petitioners contended was city parkland, of the retail shops, movie theater, restaurants, food court, public programming spaces, and rooftop farm proposed by QDG.
To resolve that question, it reviewed the legislation the state legislature had enacted in 1961, codified in Section 18-118 of the Administrative Code of the City of New York and titled, “Renting of stadium in Flushing Meadow park; exemption from down payment requirements.” This legislation authorized the development on city parkland of what came to be known as Shea Stadium. The Court ruled that the statute did not permit Willets West to move forward.
The Court explained that subdivision (a) of Section 18-118 granted the city the right to enter into contracts, leases, or rental agreements for persons wishing to use, occupy, or carry on activities in the whole or in any part of a stadium with appurtenant grounds, parking areas, and other facilities.
In the Court’s view, nothing in that language authorized the construction of a shopping mall or movie theater; rather, it authorized the city to enter into agreements permitting others to use the stadium and its “appurtenant facilities.”
The Court ruled that the “clear implication” of the reference to “appurtenant facilities” was that any such facilities “must be related to, part of, belonging to, or serving some purpose for, the stadium itself.” A shopping mall and movie theater, according to the Court, were not consistent with typical uses of a stadium.
(via FarrellFritz.com)
On to today’s news
STAY STRONG. DO NOT FALL FOR THIS. IT IS A PARK.
I know most of you are going to go “ooooh looks good” so let me start with the parking situation. It’s already awful. Where ya gonna park?
And where are the soccer crowds gonna park?
WABC reports on the parkland without mentioning the park part.
Billionaire Mets owner Steve Cohen is pitching a sprawling $8 billion hotel, music venue and casino at Citi Field in Queens.
The complex would be operated in conjunction with Hard Rock International
Cohen faces two immediate hurdles:
Use of the land requires approval from the state legislature and the governor;and the casino would be one of three new casino licenses slated to be issued by state gaming regulators in the downstate region, which includes New York City.
There is fierce competition among a dozen other applicants for the three licenses, with sites including Times Square, Hudson Yards, the Bally’s Golf Links at Ferry Point (until recently operated by Donald Trump), Coney Island and the Nassau Coliseum.
And two existing slots parlor operators, Genting at the Aqueduct racetrack and Empire Resorts MGM at Yonkers racetrack, are seeking two of three casino licenses to offer table games.
The property surrounding Citi Field is home to Flushing Corona Park, the U.S. Open Tennis Center, and a planned soccer stadium for New York City FC. That plan is backed by Mayor Eric Adams.
Plans to build a casino at the site have been rumored for months, but the details of Cohen’s proposal, along with confirmation by his partners, are only being released now.
Cohen has invested heavily in the site already, holding meetings with the community, hiring lobbyists and lining up support from elected officials. (Via ABC7)
Its a park, its a park, it’s a park.
Sing!
It’s a park!
It’s a park!
It’s a park!
Do not give this man a park. He’s rich enough. If wants the area to look nicer then do all this without the casino, hotels, bars and restaurant part.
A park is not a development site for billionaires.
QNS.com reminds you
“We believe that Steve Cohen is trying to create a perception of public support for a vague concept of an ‘entertainment venue’ — but that he may later misrepresent that as support for a casino to be built on the parkland,” Bayside community activist Jena Lanzetta said. “He’s soliciting public opinion, without disclosing that his plans impact public parkland, or that his true ambition is a casino. We will expose such deceptions every step of the way.”
“The land surrounding Citi Field is public parkland, part of Flushing Meadows-Corona Park,” said Richard Hellenbrecht, a founder and officer of Flushing Meadows-Corona Park Conservancy. “Yes, it’s paved over and sometimes used as parking spaces for events at Citi Field. But the fact that it’s paved makes it perfectly suitable for the numerous concerts, circuses, festivals, marathons and other popular public events that are held year-round on that very parkland. For Cohen to imply that ‘vacant asphalt’ is all it is, or that it is unused as parkland, is deceptive and misleading — and plain wrong.”
“Touting the economic benefit of a casino is like putting the proverbial ‘lipstick on a pig.’ In fact, casinos extract wealth from communities, and typically weaken nearby businesses,” Juniper Park Civic Association President Tony Nunziato said. “Casinos depend on problem gamblers for their revenue base and living close to a casino increases the chances of becoming a problem gambler.” (via QNS.com)
If you want a better park, then build a better PARK.
