By Madina Toure
An appellate court issued a historic decision in favor of state Sen. Tony Avella (D-Bayside) and park advocates opposed to the Willets West mega-mall proposal that will keep the parkland public.
The lawsuit, filed by Avella, along with the City Club of New York, Queens Civic Congress, members of Willets Point United and nearby residents and business owners, challenged the transfer of 47 acres of Queens parkland worth roughly $1 billion to build the Willets West mega-mall adjacent to Citi Field.
The Appellate Division of the First Department ruled in favor of Avella and the advocates in a unanimous decision, granting injunctive relief and declaring that the development cannot continue without state legislative approval.
“It was a huge victory for everyone who believes that parkland is sacred,” Avella said in an interview.
At the end of August, Manhattan Supreme Court Judge Manuel Mendez ruled that the project would benefit the area in the lawsuit the plaintiffs filed in February 2014 and they appealed the case in April.
The Willets West mall is part of the Queens Development Group’s $3 billion redevelopment of Willets Point into a new neighborhood with commercial, retail and residential space.
Queens Development Group said it plans to appeal the decision.
“We believe the Appellate Division Court misinterpreted the statute, improperly narrowing the broad authority it conveyed which would result in an unacceptable status quo, instead of enabling a widely supported investment that will reverse 100 years of pollution and create thousands of much-needed good paying jobs,” a spokesman said in a statement.
Richard Hellenbrecht, vice president of the Queens Civic Congress, said he hopes that the city will not appeal the decision but that it is still a victory.
The city Law Department had no immediate comment.
“I hope that they do not appeal and that if the city does appeal, that we will be the final victors altogether but however it goes, I think this is a great decision for the people of Queens,” Haber said.
Ben Haber, an activist for the park who was also a plaintiff in the case, said the decision shows that it is possible to “fight City Hall sometimes” and that the advocates will continue their fight.
“We’re not backing down,” Haber said. “We’re going to fight it all the way.”
Gerald Antonacci, president of Willets Point United, a group representing business and land owners, said the decision comes after eight years of fighting the city on the issue.
He said that the city would have to go to the state Legislature and try to get laws changed on parkland issues, complete the uniform land use review procedure and replace the 48 acres of parkland if their appeal is not granted.
“To do all three of them, I thinks the odds are very, very small,” Antonacci said.
Reach reporter Madina Toure by e-mail at mtour
