Posted Sep 21, 2023, 1:28 AM
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New Yorker for life
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Join Date: Jul 2001
Location: Borough of Jersey
Posts: 52,145
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https://www.crainsnewyork.com/transp...struction-plan
Judge rules in favor of state’s Penn Station reconstruction plan
AARON ELSTEIN
September 20, 2023
Quote:
The Hochul administration’s plan to help pay for reconstructing Penn Station by having 10 supertall towers built around it survived a test in court after a judge dismissed a lawsuit brought by community groups.
Penn Community Defense Fund, the City Club of New York and two other plaintiffs had alleged Empire State Development acted arbitrarily and capriciously. They contended the state agency failed to assess how much revenue would be contributed to Penn Station from the new towers and that officials rolled over to the wishes of Vornado Realty Trust, the firm that seeks to redevelop the area near the dismal commuter hub.
But in order to derail the plan, the plaintiffs had to demonstrate ESD acted without a legal basis for its decisions and they failed to do so, state Judge Lucy Billings said in a ruling released Tuesday. She added the law “unambiguously allows” state officials to defer questions about the project’s financial details to some undetermined date.
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Quote:
Richard Emery, an attorney for the plaintiffs, said he disagreed with the judge’s decision and is weighing an appeal.
“Very unfortunately, the laws in the books don’t provide a safeguard that good public policy deserves,” said Layla Law-Gisiko, chair of the land use committee for Community Board 5, who opposes the state’s plan.
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