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Court Nixes St. Ann’s Use of Tobacco Warehouse

Court Nixes St. Ann’s Use of Tobacco Warehouse

By on July 14, 2011 12:18 am in Arts and Entertainment, brooklyn bridge park, Landmark Preservation, Legal, Theater

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. Continue Reading →

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Flash: Court Upholds Order Barring Riverside Garage Construction

By on May 15, 2011 2:05 pm in Brooklyn Heights, Development, Landmark Preservation, Legal, News

Bill Ringler, President of the Riverside Tenants’ Association, has advised us that the court hearing the appeal of the state Division of Housing and Community Renewal’s decision denying Pinnacle Group, landlord for the A.T. White Riverside Apartments, permission to destroy a courtyard and several mature trees that lie between the apartments and the BQE to build a parking garage, has decided to uphold the DHCR’s decision. Pinnacle, represented by Heights resident and former City Council member Ken Fisher, has filed an appeal.

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Controversial Attorney Alan Young Has Passed Away

By on April 22, 2011 2:40 pm in Legal, Obituaries

Alan Young, partner in the Busy Chef/Blue Pig controversy has apparently passed away. No cause was given—the only information I have was a letter I received today telling me where to send my rent check (Alan Young was also my landlord) and that he had passed away April 5th. A search of the social security index, however, says that he died March 28th.

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Federal Court Rules Park Service Violated Law by Allowing Transfer of Tobacco Warehouse, Empire Stores

By on April 10, 2011 8:25 pm in brooklyn bridge park, Government, Landmark Preservation, Legal, News

Federal District Judge Eric Vitaliano issued a memorandum and order granting a preliminary injunction directing the National Park Service to protect the Tobacco Warehouse and the nearby Empire Stores, another Civil War era structure, from being transferred for private development. Gibson, Dunn & Crutcher, counsel for the plaintiffs–the Brooklyn Heights Association, the Fulton Ferry Landing Association, the New York Landmarks Conservancy, and the Preservation League of New York State, issued a press release characterizing the wording of the memorandum as “stinging”; noting that the Judge called the Park Service’s arguments a “house of cards” and holding that its action was in violation both of the governing federal statute and of the Service’s own regulations. Continue Reading →

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News Flash: Court Continues Standstill Agreement in Tobacco Warehouse Controversy; Will Decide on Injunction Soon

By on March 21, 2011 1:26 pm in brooklyn bridge park, Development, Government, Landmark Preservation, Legal

BHB reader Martinlbrooklyn sends this report:

At 12:15 today, after an extensive hearing of the pros and cons for issuing a preliminary,14-day injunction against St Ann’s Warehouse building a new performance space inside the Tobacco Warehouse shell, Judge Vitaliano, with the agreement of the parties, continued the standstill agreement among the parties for another two weeks, and will decide whether to issue a preliminary injunction within this period. Continue Reading →

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“Bo” Rodgers Responds to BHA on Tobacco Warehouse

By on March 9, 2011 4:18 pm in brooklyn bridge park, Development, Landmark Preservation, Legal, News

Brooklyn Heights Association member Robert “Bo” Rodgers has once again written a letter to the BHA, with a copy to the Eagle, expressing his and his wife’s opposition to the lawsuit, in which BHA is a plaintiff, that seeks to enjoin the transfer of the Tobacco Warehouse site to St. Ann’s Warehouse. In his letter, Mr. Rodgers accuses the BHA and its fellow plaintiffs of “unduly elevating process over substance”, and implies that the majority of Brooklyn Heights residents who are informed about the issue disagree with the BHA’s stance. He stresses that he and his wife remain “enthusiastic” BHA members. The letter is here.

Update: Eagle editor Henrik Krogius states his argument against the BHA’s position.

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Chopper Crackdown Enforced with Fines

By on March 9, 2011 10:11 am in brooklyn bridge park, Brooklyn Heights, Environment, Legal, News

We earlier noted that the City’s Economic Development Corporation and Saker Aviation, the operator of the Downtown Heliport, have begun to enforce the rules agreed to last April to prevent tourist helicopters from overflying Brooklyn Heights or Brooklyn Bridge Park. These rules are now being given teeth through the imposition of fines on pilots who violate them. Continue Reading →

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BHA President McGroarty on Tobacco Warehouse Controversy

By on March 9, 2011 9:50 am in brooklyn bridge park, Landmark Preservation, Legal

The Daily News has an opinion piece by Brooklyn Heights Association President Jane McGroarty explaining the BHA’s position opposing the removal of the Tobacco Warehouse site from Brooklyn Bridge Park. Read it here.

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BHA, Other Plaintiffs Amend Federal Tobacco Warehouse Complaint, Add Park Corporation as Defendant

By on March 2, 2011 11:28 pm in brooklyn bridge park, Development, Government, Landmark Preservation, Legal

The Brooklyn Heights Association and co-plaintiffs Fulton Ferry Landing Association and New York Landmarks Conservancy, responding to the decision of the National Park Service to affirm its earlier ruling and approve the transfer of the Tobacco Warehouse site for development as a new venue for St. Ann’s Warehouse, returned to federal court yesterday with an amended complaint in their lawsuit against the Park Service, adding as defendants U.S. Secretary of the Interior Kenneth Salazar, to whom the Park Service reports, and the Brooklyn Bridge Park Corporation. Continue Reading →

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Park Service Approves Transfer of Tobacco Warehouse to St. Ann’s, but BHA Vows to Continue Fight

By on February 15, 2011 6:57 pm in brooklyn bridge park, Landmark Preservation, Legal, News

The National Park Service, having been told by the U.S. Justice Department to review its earlier decision to “de-park” the area occupied by the 19th century Tobacco Warehouse in the Fulton Ferry Historic District, has now reaffirmed its approval of the move. Continue Reading →

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U.S. Justice Department Orders Park Service to Review Tobacco Warehouse De-Parking

By on January 27, 2011 7:29 pm in brooklyn bridge park, Government, Landmark Preservation, Legal

The U.S. Department of Justice announced that the National Park Service is reviewing its decision to remove the Tobacco Warehouse from federally protected park land. DOJ has also taken the unusual action of issuing a letter to the City directing it to treat the Tobacco Warehouse site as if it were still under federal protection, pending completion of the Park Service’s review. Continue Reading →

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BHA, Others Sue to Stop Development of Tobacco Warehouse

By on January 18, 2011 11:43 am in brooklyn bridge park, Government, Landmark Preservation, Legal, News

Brooklyn Heights Ass'n

The Brooklyn Heights Association, along with the Fulton Ferry Landing Association and the New York Landmarks Conservancy, have sued both the New York State Office of Parks, Recreation and Historic Preservation (NYSOP) and the Brooklyn Bridge Park Corporation in state court, claiming that NYSOP acted illegally in its application to the National Park Service to have the Tobacco Warehouse site, at Water and Dock Streets in DUMBO the Fulton Ferry Historic District, removed from federally protected park land. They have also sued the Park Service in federal court, alleging that the Park Service “performed no meaningful diligence at all” in granting NYSOP’s request, and seeking to enjoin the transfer of the site to a private party for development. As we previously reported, the Brooklyn Bridge Park Corporation has conditionally approved the plan by St. Ann’s Warehouse to develop the space inside the shell of the Tobacco Warehouse as a new home for its performance facility. More details are at Courthouse News Service and in the BHA press release following the jump. Continue Reading →

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Brooklyn Heights Firm Sued for Debt Collection Fraud

By on January 8, 2011 12:54 am in Government, Legal

In tough times, debt collectors get tough. We’ve all read about the tactics some banks, or their collection agencies, have used to foreclose on mortgaged properties. Other creditors have also been tempted, and have sometimes proceeded, to use strong arm tactics to collect on ordinary loans, store credits, and the like. A Brooklyn Heights process service agency, Samserv Process Servers, located at 147 Remsen Street, has been sued for allegedly aiding unscrupulous creditors in securing judgments, sometimes on non-existent debts, by means of what is called “sewer service”. Continue Reading →

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Brooklyn Bridge Park Access Denied

By on June 16, 2010 4:48 pm in brooklyn bridge park, Brooklyn Heights, Fun, Government, Lame Excuses, Legal

Barriers to Pier 1

By all estimation, Tuesday afternoon June 15, was one of those uniquely beautiful days which should be spent outside, walking/rolling around Brooklyn Heights. Since I had not been down to Pier 1 Park recently, that was my destination after conducting some errands. However, you cannot fully appreciate my rage when I discovered that it is practically impossible for a person in a wheelchair to now get into Pier 1, without making a very dangerous trip along Furman Street in heavy traffic. This is completely unacceptable.

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Millman Joins the BQE Fray

By on June 16, 2010 12:22 pm in Government, Landmark Preservation, Legal, Real Estate, Transportation

jsw_joan_millmanState Assembly Member Joan Millman, whose district includes Brooklyn Heights, today announced her opposition to any realignment or expansion of the Brooklyn-Queens Expressway that would necessitate taking any private property “in Brooklyn Heights, Cobble Hill, the Columbia Waterfront District, DUMBO, Fulton Ferry Landing, Vinegar Hill or Willowtown.” She said:

I recognize that New York State DOT’s rehabilitation of the Brooklyn Queens Expressway, which includes the stretch of the roadway between Atlantic Avenue and Sands Street, is long overdue. This portion of the roadway was not designed for the current volume of traffic and does not meet federal highway safety standards. However, I strongly oppose any realignment scenario that would result in the demolition or seizure of private property.

She said she is “confident that the New York State DOT can and will work with community stakeholders effectively to identify a reconstruction plan that will not endanger any home or business in the neighborhood.”

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