 If you are having trouble reading this FHL e-Newsletter, click
here.
|
|
 |
A 501(c)(3) non-profit organization |
|
|
| |
 |
|
|
FHL
LEGAL UPDATE
January 16, 2004
Dear High Line supporters,
We'd like to give you an important legal update. Yesterday
an appeals court overturned a FHL victory that two years
ago stopped a High Line demolition proposal from going forward.
But since the Bloomberg administration now endorses the High
Line project—and the administration reaffirmed its
commitment to High Line reuse when responding to yesterday's
news—we're confident that the ruling will not
hinder our efforts to create a great new public space on
the High Line.
Some news reports have made it sound like the
High Line is imminent danger of being torn down because of
this ruling.
This is not the case. A statement from the City Law Department
yesterday makes this quite clear. "The decision does
not change the City's efforts to preserve the High
Line as a public amenity," said Jeffrey D. Friedlander,
First Assistant Corporation Counsel.
The ruling grows out
of legal challenge FHL filed to stop a demolition proposal
developed during the previous mayoral
administration. Since that time the Bloomberg administration
has changed the City's policy to one that favors preservation
of the High Line for reuse as public open space and has been
working actively alongside Friends of the High Line to move
the project forward.
The Appellate Division's ruling does not pose an immediate
threat to the High Line, given the City's strong support
for the project. If, however, the City's policy were
to change, this ruling might allow it to commit to demolish
the structure without going through the Uniform Land Use
Review Procedure (ULURP), which requires review by the City
Council, the Borough President, and the Community Boards.
FHL
is reviewing the appeals court ruling and considering possible
recourse. Meanwhile FHL will continue to work with
the City of New York to create a legal structure and a design
master plan for the High Line's conversion to public
open space.
Background
In late 2001, the final days of the Giuliani administration,
the City of New York signed onto a proposal that would allow
the High Line to be demolished. FHL challenged the City's
participation in that proposal, asserting that ULURP, a mandatory
public review process, had been bypassed. FHL was joined
in its challenge by the New York City Council, the Manhattan
Borough President, and six local business-owners and residents.
In March 2002, a New York State Supreme Court Justice ruled
in FHL's favor, finding that the demolition process
was indeed required to go through ULURP. The ruling effectively
stopped the demolition process from moving forward. Demolition
proponents and the City of New York appealed. On January
15, 2004, the Appellate Division of the New York State Supreme
court overturned the March 2002 decision.
Continuing Bipartisan
City Support
The City of New York has
shown strong bipartisan support for the High Line's
preservation and reuse ever since filing in late 2002 for
the start of rail-banking (the federal
process that allows out-of-use rail lines to be converted
to public open space). In July 2003, it presented bipartisan
joint testimony in favor of rail-banking to the Surface Transportation
Board by City Council Speaker Gifford Miller, Deputy Mayor
Daniel Doctoroff, and City Planning Commission Chair Amanda
Burden. That same month, Speaker Miller announced a $15.75
funding capital funding commitment to the project.
FHL is
confident that the City's enthusiastic support
for the High Line project will continue regardless of the
Appellate Division's ruling. The City appealed the
March 2002 decision even after it changed its policy to one
favoring the High Line's reuse because of the decision's
potential to become a precedent in cases unrelated to the
High Line.
DONATE
TO FRIENDS OF THE HIGH LINE
Though
the future of the High Line looks much brighter now that the
City of New York stands firmly behind efforts to create a great
new public space on the structure, we still face many legal
and financial challenges. By making an online donation, you
will become part of an ever-growing group of supporters and
will be invited to every major Friends of the High Line public
event.
CLICK
THE BUTTON! |
|
CLICK
THE BUTTON! |
Click
the DONATE button above and fill in the secure form
to donate online by check or credit card (American
Express, Discover, Mastercard and Visa). Friends of the
High Line uses PayPal,
which lets any individual or business with an e-mail address
securely send donations online.
[
BACK TO TOP ]
CONTACT
INFORMATION
430 West 14th Street, Suite 304
New York, NY 10014
(212) 206-9922
(212) 206-9118 fax
info@thehighline.org
http://www.thehighline.org
|
|
|
|
If
you would like to remove yourself from the FHL Newsletter, please
send an e-mail to:
$subst('email.unsub')
with
the word
REMOVE in the SUBJECT line |
|