The Eagle reports that today New York Supreme Court Justice Lucy Billings denied the Brooklyn Heights Association’s motion for a temporary restraining order to keep the developers of the two proposed high rise residetial towers near Pier Six in Brooklyn Bridge Park from beginning construction before the August 4 hearing, at which Judge Billings will consider the merits of the BHA’s suit to permanently enjoin their construction. That suit is based on the theory that the revenue from the two proposed towers is not needed to fund the Park’s maintenance needs.
The BHA’s request for a TRO noted that the earliest phase of construction would involve driving of long steel piles into the ground (see photo of pile driver poised for action at Pier Six site), which would generate noise that would make nearby playgrounds unusable and seriously affect residents of nearby buildings. Judge Billings’ response was, “It’s noise”; meaning it doesn’t meet the standard of “immediate and irreparable injury, loss or damages” required under New York law to issue a TRO. Nevertheless, she warned the developers that any work undertaken before she rules on the merits of the BHA’s case is done at their risk, as she may yet decide that they may not proceed with the construction of the two towers.
Photo: C. Scales for BHB
