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Judge Halts The Sale of Theater Air Rights

Posted by Mark Smith on June 29, 1999 at 21:56:38:

From Today's News Update, in the New York Law Journal, June 30th edition:

In a victory for community groups in Manhattan's Clinton neighborhood, a Manhattan Supreme Court justice yesterday invalidated the City Council's approval last August of zoning amendments that would have allowed 25 Broadway theaters to sell their air rights to developers. Justice William P. McCooe agreed with community leaders who had argued that the Department of City Planning erred in not preparing an environmental impact statement, writing that the City's analysis that the amendments would have no significant effect on the environment was based on projected growth figures that are "contrary to recent development" and that the conclusion that no EIS was necessary "strains credibility, especially in light of other determinations that an EIS was required for considerably smaller projects." In Re Fisher.

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