Judge Lifts Restraining Order on Gowanus Rezoning

Monday, April 19, 2021

Ken Fisher discusses the likelihood of the Gowanus rezoning project proceeding in Crain’s New York Business. Judge Katherine Levine of the New York Supreme Court ruled to lift a temporary restraining order that delayed rezoning for months following a lawsuit from the community group Voice of Gowanus. Critics of the lawsuit argued that it was merely an attempt to push back the rezoning until the next mayoral administration. The city filed a motion in mid-March to dismiss the lawsuit, arguing that Mayor Bill de Blasio’s executive order suspending in-person hearing requirements for the land-use review process during the COVID-19 pandemic nullified the group’s arguments.

“The effort to prevent public participation in the guise of increasing public participation has failed,” Ken said.

“The judge properly concluded that she could not block a virtual hearing and that she couldn’t hold the process up any longer,” he continued.

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