Friends of Elizabeth Street Garden has initiated legal action against New York City to protect their beloved green space, Elizabeth Street Garden, nestled in Little Italy between Prince and Spring streets. The community group announced the lawsuit on March 7th, marking a significant escalation in their fight to preserve the garden from city development plans. This legal challenge aims to halt the construction of a seven-story mixed-use building on the garden site, a project that has sparked considerable local opposition.
To support this crucial legal battle, Friends of Elizabeth Street Garden has launched a legal defense fund, aiming to raise $100,000. With nearly $80,000 already secured through community contributions, every donation directly fuels the legal fees required to save Elizabeth Street Garden from permanent destruction. The outpouring of support underscores the deep community connection to this vital urban oasis.
Joining Friends of Elizabeth Street Garden as co-plaintiffs in this lawsuit are prominent local representatives, Assemblymembers Deborah Glick and Yuh-Line Niou. Representing the district where Elizabeth Street Garden flourishes, as well as the adjoining areas, their involvement highlights the widespread political concern over the city’s development plans. The lawsuit contends that the city’s endeavor to transform Elizabeth Street Garden is unlawful, citing several key points:
- The legal action seeks to invalidate the city’s Ulurp proceedings, arguing that the city illegally issued a “negative declaration” regarding environmental impacts. This declaration allegedly overlooked potential ground contamination from hazardous materials, a serious concern for the community.
- The lawsuit challenges the Department of Housing Preservation and Development’s designation of the thriving Elizabeth Street Garden as “blighted.” This designation is contested as it serves to exempt the project from real property taxes and provide undue benefits to developers at the expense of public green space.
- Legal arguments emphasize that the property is bound by a declaration restricting its use to educational purposes. Furthermore, city personnel are legally obligated to hold the property in trust for the Board of Education, a constraint allegedly ignored by the current development plan.
- The lawsuit further asserts that the proposed development violates the New York State Constitution’s prohibitions against municipalities making gifts and loans, suggesting improper allocation of public resources for private gain.
Despite overwhelming community opposition and the tireless advocacy of local groups, the de Blasio administration and Council Member Chin have consistently disregarded pleas to save Elizabeth Street Garden. This lack of responsiveness to constituent concerns has fueled the community’s determination to fight for the garden’s preservation through legal means.
Elizabeth Street Garden serves as a vital green lung in a densely populated area. This 20,000-square-foot park welcomes over 100,000 visitors annually and hosts more than 200 free public events each year, offering crucial open space and community engagement opportunities. The garden is not merely a patch of land; it is a vibrant community hub essential to the quality of life in Little Italy and SoHo.
Friends of Elizabeth Street Garden has enlisted the expertise of Michael Gruen, a seasoned land use attorney renowned for his successful litigation against New York City and state governmental bodies. Gruen has meticulously built a robust legal case, leveraging the Garden’s rich history and environmental law to challenge the city’s development plans.
Don’t be misled by appealing architectural renderings of the proposed development. The reality is that replacing this flourishing green oasis on Elizabeth Street with a building will deprive the community of invaluable open space. Instead of the vibrant garden, residents face the prospect of a diminutive, shadow-filled, and privately-controlled area, a stark contrast to the public benefit Elizabeth Street Garden currently provides.
To support the preservation of Elizabeth Street Garden, contributions to the legal defense fund can be made online or via check. For inquiries or to offer further assistance, please contact Emily Hellstrom. Spread the word and join the effort to save Elizabeth Street Garden!
