Description: Challenge to a climate resiliency project in lower Manhattan that would require demolition and rebuilding of an existing park.
Battery Park City Neighborhood Association v. Battery Park City Authority
Filing Date Type File Action Taken Summary 12/14/2022 Memorandum of Law Download Memorandum of law filed in support of Article 78 petition and for preliminary injunction. 12/14/2022 Petition Download Petition filed. Lawsuit Challenged Lower Manhattan Resiliency Project that Would Demolish and Rebuild Park. A neighborhood group and individual resident of Battery Park City in lower Manhattan filed a lawsuit in New York Supreme Court challenging the Battery Park City Authority’s (BPCA’s) approval of a plan that would, as part of a climate resiliency project, demolish an existing park at the southern tip of Manhattan and construct a buried floodwall and reconstruct an elevated park. The petitioners alleged that BPCA based its rejection of an alternative resiliency plan based on unreasonable and incorrect assumptions about storm surge, sea level rise, and wave action. They asserted that BPCA had violated the State Environmental Quality Review Act. They sought a preliminary injunction, arguing that the community would suffer irreparable harm from the existing park’s closure and demolition.