Mayor Bloomberg’s already bad week just got worse.
Two days after Albany shot down his congestion pricing proposal, a group of 10 businesses and landowners from the Willets Point Industry and Realty Association (WPIRA) filed a lawsuit against the city for failing to provide basic infrastructure to the area during the past 40 years.
The suit, which asks the court to require the city to provide street repairs and sewers amongst other improvements and unspecified monetary damages for past neglect, could prove to be a major roadblock to the city’s $3 billion development project.
“We will take this all the way to the U.S. Supreme Court if necessary,” Michael B. Gerrard, an attorney representing the 10 business and landowners, announced at a rally on the steps of City Hall on Wednesday, April 9.
In addition to Bloomberg, the suit, which was filed in U.S. Federal District Court in the Eastern District of New York, names Emily Lloyd, City Department of Environmental Protection Commissioner; Janette Sadik-Khan, City Department of Transportation Commissioner; and John Doherty, City Department of Sanitation Commissioner as defendants.
A spokesperson for the city’s Law Department said on Wednesday afternoon that they had not received the legal papers yet, but they would review them thoroughly upon receipt.
Nearly one year ago, Bloomberg and city officials announced a master plan for the Willets Point area - better known as the Iron Triangle - that would develop the current 60-acre site and include 1 million square feet of retail shops and restaurants, 500,000 square feet of office space, 5,500 units of housing, a school, hotel and convention center.
Meanwhile the nearly 250 businesses and 1,800 workers at the site have consistently said they do not want to relocate their businesses and claim the city’s Economic Development Corporation (EDC) has not engaged in good faith negotiations with them, raising the specter of eminent domain.
However, an EDC spokesperson said the city has been conducting negotiations with nearly two dozen businesses - both large and small - and is continuing to reach out to businesses in the area. In addition, the city has consistently said they would only use eminent domain as a last resort.
“So many of us in the Council are opposed to the City of New York attempting to invoke eminent domain to take private property to turn it over to a developer for a massive development project,” said City Councilmember Hiram Monserrate. “We believe it is un-American and not the right thing to do.”
Meanwhile, Thomas Mina, Vice President of T. Mina Supply Inc., which has been in Willets Point since 1986 and is also one of the plaintiffs in the suit, said that he has been asking for the city’s help with infrastructure improvements since 1991, and he has no plans on leaving his business.
“If the marshals come to take me off my property, they are going to have to put handcuffs on me,” Mina said.
The day before the lawsuit was filed, Willets Point shop owners and workers held a rally that coincided with the final Opening Day at Shea Stadium to protest the development project.