[M II A II R II K]

Court Swats Away NIMBY Anti-Bike-Path Claim on East Side

https://nyc.streetsblog.org/2020/05/...-on-east-side/

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- The state Supreme Court’s Appellate Division has rejected a lawsuit that sought to stop the erection of a pedestrian and bicycle bridge over a Midtown Manhattan park — a victory for city agencies over the “Not in My Back Yard” crowd. In upholding a lower court’s ruling, the Appellate Division made the important point that such infrastructure is an entirely appropriate use of parkland — which should cheer those who want more public pedestrian and bicycle amenities. “This pedestrian bridge is intended to provide the public with safe and scenic access to the waterfront along the East River,” said City Law Department spokesman Nicholas Paolucci. “We are pleased the court agreed the city’s approval of this project was lawful and appropriate.”

- The Cannon Point Preservation Corporation, a community group, sued the city last year claiming the bridge would illegally seize parkland in a vest-pocket greensward, Clara Coffey Park. The suit contended that the structure required approval from the Legislature and review under New York State Environmental Quality Review Act. A lower court had thrown out the suit on procedural issues. The bridge — which would span the FDR Drive to connect Sutton Place South at East 54th Street to an as yet unbuilt part of the East River Esplanade — is part of the larger East River Greenway, a mammoth, multi-year project to create waterfront access around Manhattan for residential recreation.

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