Legal News: FHL Wins Favorable Federal Ruling

highlighted mobile

Legal News: FHL Wins Favorable Federal Ruling

On November 25, 2002, the Surface Transportation Board (STB), in Washington, DC, issued a decision favorable to Friends of the High Line.

The STB denied a petition for a declaratory order requested by Chelsea Property Owners (CPO), proponents of High Line demolition. In brief, CPO had asked the STB to declare that New York City's 2012 Olympic bid, which includes a proposal to build a stadium at the 30th Street Rail Yards, would make it impossible to convert the High Line into a public, elevated walkway through the federal "rail-banking" program. FHL filed a brief in opposition to CPO's request, citing the many undecided issues that currently surround both the Olympic bid and the High Line reuse initiative. The STB decided in favor of FHL, denying the petition for a declaratory order, stating, "there is no reason to institute a declaratory order proceeding to resolve issues that may never arise."

Two other High Line-related cases are still pending before the STB. Both await filings from the City of New York, which are due on December 17, 2002, before they can be decided. In addition, a decision is pending on CPO's appeal of FHL's State Supreme Court victory last March. FHL will report decisions in any of these cases via this email newsletter.