By Alex Robinson
Opponents of a proposed megamall on the former site of Shea Stadium vowed to appeal the decision by state Supreme Court Justice Manuel Mendez to throw out their lawsuit against the city and the project’s developers last week.
The megamall is slated to be built as part of a $3 billion redevelopment of Willets Point into a new neighborhood with commercial, retail and residential space.
“Plaintiffs believe that the decision misunderstands the common law doctrine that prohibits any non-park use of parkland without the specific and explicit approval of the state Legislature,” said John Low-Beer, an attorney representing the group of park advocates, civic leaders, small businesses and state Sen. Tony Avella (D-Bayside).
The lawsuit argued the megamall could not legally be built on the proposed site without the consent of the Legislature, as it is mapped as parkland on city maps.
Low-Beer contended a 1961 statute, which allowed for the construction of the New York Mets’ Shea Stadium on the site, could not apply to the new megamall.
“Plaintiffs do not believe that the state Legislature, when it passed the law permitting the construction of Shea Stadium, intended to allow construction of a shopping mall,” Low-Beer said in a statement. “Plaintiffs will appeal and believe that this decision will be reversed on appeal.”
Lawyers representing the city and developers said the megamall fit into the recreational uses allowed under the statute, as it would serve a public purpose. They also trumpeted the economic and environmental benefits of the redevelopment project.
“Today’s decision is a win for Willets Point and all of Queens,” said a spokesman for developers Queens Development Group, a joint venture between Related Cos. and Sterling Equities. “The ruling is unequivocal in saying that the project is consistent with state law and rejecting every argument to the contrary.
“More important, the decision reinforces the support that the City Council and a wide array of community stakeholders have given to this project. It is a significant step forward in the effort to create a new Willets and reverse 100 years of pollution. This $3 billion private investment — the largest investment in Queens history — will revitalize an area that has been neglected for far too long and will include the creation of thousands of jobs and affordable housing.”
The city and developers were also facing another pending lawsuit by a group of Willets Point business owners called the Sunrise Cooperative, challenging the legality of the development.
Reach reporter Alex Robinson by e-mail at arobinson@cnglocal.com or by phone at 718-260-4566.
