Update on the Boardwalk Community Garden Case

By Seth Korman, attorney, New York Environmental Law and Justice Project

Update on Coney Island Boardwalk Garden Case, August 25
Our case against the city and developer iStar financial continues.  There have been a few small developments as of recent, and we’re about to start a new stage where we might actually take the case to a full trial.  But to recap, here is where we stand:
  • In July, after months of silence, the Judge ruled that he was separating the case into two separate issues: (1) Whether the developers failed to conduct a proper environmental review of the project, and (2) Whether the development improper builds on public parkland.  He implied that he would rule shortly on the first issue, but that the second issue may need to go to trial.
  •  In response, we filed a renewed motion for a stay—to stop the project while the case was ongoing.  The judge denied this, and so in response we filed a notice of appeal, so that we can reargue the issue before the Appellate Division.  However, we need to decide if and when to move forward on this.
  • Separately, we also need to decide how much and how fast we want to push this case to trial.  It could be a fairly long and time-intensive process, and so we’re looking for additional legal support from pro bono counsel who might want to get involved.
  • In this vein, if you know of any (good) attorneys who might want to get involved, please do be in touch.