Our last report on the Brooklyn Heights Association’s lawsuit against the Brooklyn Bridge Park Corporation and the developers to prevent the construction of two high rise residential towers on the uplands of Pier Six noted that Justice Lucy Billings had orally declined to issue a temporary restraining order requested by the BHA to prevent any construction work until the court issues its decision in the case. Nevertheless, Justice Billings warned that any construction done prior to the court’s decision was at the developers’ peril, as the court could decide not to allow it to proceed. The BHA has advised us that Justice Billings has now issued a written version of her earlier oral order, noting that the developers and their contractors should not undertake anything “that is irreversible or incapable of restoration to its original condition” until the court issues its decision.
The Justice also noted in her written order that she had declined to issue the TRO requested by the BHA for several reasons. One of these, noted in our earlier post, is that she did not consider the noise from pile driving to be “irreparable harm” required to justify a TRO. While perhaps not “irreparable,” the noise has aroused some strong complaints from parents whose kids use nearby playgrounds, as The Brooklyn Paper reports. The Justice’s written order further notes that it was based on “the lack of a convincing showing that petitioner [the BHA] is likely to prevail on the merits of its claims.”
Justice Billings also advised the litigants that she has been assigned new duties, and as a consequence, the case will now be given over to Justice Carmen St. George. She said that Justice St. George’s decision would not be affected by whatever construction is done between now and when the decision is issued.