Curbed reports that the court has dismissed a lawsuit brought by Save The View Now and the Brooklyn Heights Association against the Brooklyn Bridge park Corporation, the City of New York, and the developers of Pierhouse, claiming that a penthouse on the southern part of Pierhouse illegally infringed on the protected view plane from the Brooklyn Heights Promenade. The suit was dismissed on the same grounds as was an earlier one brought by Save The View Now; that it was brought after the statute of limitations on government action had expired. The court also said the later suit’s allegations duplicated ones made in the earlier one. The dismissal of the earlier suit is now on appeal; an appeal of the latest decision is possible.
Moving to the southern (Pier 6) front, the Brooklyn Heights Association has updated us about the suit they brought early in July against the BBPC, various government entities, and the developers who have been selected to build the residential towers proposed there. First, the judge has ruled that construction of the towers cannot begin before December 1, with a minimum of three weeks’ notice before it begins. (Update: The BHA and BBPC have now advised us that this schedule was established by agreement among the parties, including BHA, BBPC, and the developers.) Following the filing of papers by the parties according to an announced schedule, arguments in the case are to be held on or after November 10. Meanwhile, the BBPC has moved to have the proceedings removed from the court in Manhattan where they are now pending to one in Brooklyn. Perhaps BBPC believes, based on the fate so far of the Save The View cases, that they will find a more sympathetic forum on this side of the East River.
Photo: C. Scales for BHB