Ken Fisher is quoted in The Real Deal on developers’ reactions to the New York Supreme Court’s decision to nullify the Inwood neighborhood rezoning regulations. In August, the City Council passed Mayor Bill De Blasio’s rezoning plan to allow more development and increase housing. In a surprising decision, Court Justice Verna Saunders overturned the rezoning because the city’s review process did not consider the potential socioeconomic impact of the rezoning, which left the development community feeling under attack.
Legal experts say such a challenge to a rezoning has not been successful in at least three decades. Ken noted that the decision was a “bridge too far,” in part because it does not give the government the benefit of the doubt when determining if it took a hard look at concerns raised by the community.
“The [law] doesn’t require that anything anyone raises at a meeting has to be considered simply because it’s raised,” said Ken. “People would be standing up and asking that they study the impact of rezoning on tides or every butterfly fluttering.”
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