Friends of Elizabeth Street Garden, joined by New York State Assemblymembers Deborah Glick and Yuh-Line Niou, announced on March 7th the filing of a lawsuit against New York City. This legal action aims to halt the proposed development that threatens to destroy Elizabeth Street Garden, a beloved green oasis in Little Italy. This vital community space, nestled between Prince and Spring streets, is now battling for its survival against city plans.
Community Leaders Unite to Challenge City’s Development Plans for Elizabeth Street Garden
Assemblymembers Deborah Glick and Yuh-Line Niou, representing the districts encompassing the Garden, are co-plaintiffs in this significant lawsuit. Alongside concerned residents of Little Italy and SoHo, they are challenging the city’s endeavor to replace Elizabeth Street Garden with a seven-story mixed-use building. The lawsuit asserts that the city’s process to push through this development is unlawful and disregards crucial environmental and community considerations.
The legal challenge specifically targets several key points:
- Environmental Negligence: The lawsuit argues that the city illegally issued a “negative declaration” regarding environmental impact. This declaration improperly dismisses the potential for ground contamination from hazardous materials, a serious concern given the site’s history.
- Mischaracterization of the Garden: The Department of Housing Preservation and Development’s classification of the flourishing Elizabeth Street Garden as “blighted” is contested. This designation is seen as a maneuver to unfairly exempt the project from property taxes and grant undue benefits to developers, ignoring the garden’s vibrant reality.
- Breach of Public Trust: Legal arguments emphasize that the property is bound by a declaration limiting its use to educational purposes. Furthermore, city officials are legally obligated to hold the property in trust for the Board of Education, obligations the lawsuit claims are being ignored.
- Unconstitutional Actions: The lawsuit contends that the development plan violates the New York State Constitution’s prohibitions against municipalities providing gifts and loans, suggesting improper financial arrangements are at play.
Community Outcry Ignored as City Pushes Forward with Elizabeth Street Garden Development
Despite overwhelming community opposition, the de Blasio administration and Council Member Chin have persisted in their plans, disregarding the voices of constituents and local community groups who are united in their desire to preserve Elizabeth Street Garden.
This 20,000-square-foot Elizabeth Street Garden serves as a crucial open space in a densely populated area. It welcomes over 100,000 visitors annually and hosts more than 200 free public events each year, offering invaluable recreational and cultural opportunities to the community year-round. The community is adamant that losing this cherished garden would be a devastating blow to the neighborhood’s character and quality of life.
Legal Defense Fund Launched to Protect Elizabeth Street Garden
Friends of Elizabeth Street Garden has enlisted the expertise of Michael Gruen, a seasoned land use attorney renowned for his successful track record against New York City and state entities. Gruen has built a robust legal case grounded in the Garden’s rich history and environmental law principles.
To support this critical legal battle, Friends of Elizabeth Street Garden has launched a legal defense fund with a goal of $100,000 and has already raised nearly $80,000. Contributions directly fund the legal fees essential to saving Elizabeth Street Garden from irreversible destruction.
Contribute online to the legal defense fund or send checks to Friends of Elizabeth Street Garden Inc., 235 Elizabeth Street, Ste. 23, New York, NY 10012. For inquiries or to offer further assistance, please contact Emily Hellstrom at [email protected]. Share this crucial information with your network to amplify the call to save Elizabeth Street Garden.
The Stark Reality: Development vs. Preservation of Elizabeth Street Garden
Do not be misled by appealing architectural renderings of the proposed development. The reality is stark: once construction begins, the bulldozers will replace a vibrant green oasis with a small, overshadowed, and privately managed open space. The community is fighting to prevent this devastating loss.
