By Madina Toure
State Sen. Tony Avella (D-Bayside) and Flushing Meadows Corona Park advocates opposed to the Willets West mega-mall proposal called an appellate court’s historic decision in favor of keeping the parkland public a triumph, while the developer said it would appeal the ruling to stop the project.
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 park 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.
The plaintiffs filed suit against Willlets West’s developer in February 2014. At the end of August, Manhattan Supreme Court Judge Manuel Mendez ruled in favor of the project, saying it would benefit the area. The plaintiffs appealed the case this 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 “strongly disagrees” with the decision, arguing that it overturns the State Supreme Court’s “well-reasoned 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.
The city Law Department, which represents city agencies in litigation, echoed similar sentiments.
“We are disappointed in the court’s decision and are reviewing our options,” 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.
“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,” Ben Haber, an activist for the park who was also a plaintiff in the case, said.
According to Haber, the decision shows that it is possible to “fight City Hall sometimes.” He also said 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 the city would have to go to the state Legislature 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 think the odds are very, very small,” Antonacci said.
Reach reporter Madina Toure by e-mail at mtour
