CSDC Overturns 8th Avenue Air Rights Zoning

[kitchen]

Hell's Kitchen Online                               6/30/99
http://hellskitchen.net "All the News the Times Won't Print"
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We'll have more information on this later, including a copy of the court decision, but in today's
New York Law Journal, the following short item appeared.

June 30, 1999
Broadway Theaters Can't Sell Air Rights
Today's News Update
New York Law Journal

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 v. Giuliani.