Last April, Judge Eric Vitaliano of the Federal District Court for the Eastern District of New York issued a preliminary injunction against the transfer of the Tobacco Warehouse in the Fulton Ferry Historic to St. Ann’s Warehouse as a new home for its theater and performing arts space. On Tuesday, as expected, he reaffirmed his earlier decision.
The New York Times: Citing environmental protection and conservation law, Judge Vitaliano ruled that it was “crystal clear” the [National P]ark [S]ervice acted outside its authority by removing both the Tobacco Warehouse and Empire Stores, another waterfront structure in Dumbo, from classification as federally designated parkland.
The Times story quotes the lawyer for St. Ann’s as saying no appeal is planned, and Susan Feldman, artistic director of St. Ann’s, as saying they are looking at spaces in Downtown Brooklyn and Manhattan (St. Ann’s must vacate its present space by next May to make way for construction of the controversial Dock Street building). However, an earlier Times story quoted Ms. Feldman a saying:
It leaves us maybe having to leave Dumbo. Perhaps even leaving Brooklyn. None of us want that, but the theater we do at St. Ann’s doesn’t easily fit into pre-existing spaces that we’ve seen, and we want to continue to do that work.