Posted on 02/16/2020 6:52:57 AM PST by DUMBGRUNT
In an extraordinary ruling, a state supreme court judge has ordered the developers of a nearly completed 668-foot block of flats in New York to remove as many as 20 or more floors from the top of the building.
Scott Mollen, a lawyer with the firm Herrick Feinstein, which is representing the project, said the ruling contradicted earlier decisions from the Department of Buildings and the Board of Standards and Appeals that were based on a long-established zoning interpretation. SJP, one of the developers, said they would “appeal this decision vigorously”.
What comes next is unclear. While further litigation would effectively postpone any disassembly of the tower, sales at the luxury block would also be held up. Marketing is well underway for the 112 luxury apartments, and the most lucrative units are on the top floors — including a $21m (£16m) penthouse, which would likely be removed if the decision stands.
(Excerpt) Read more at westsiderag.com ...
TR: The developer missed bribing someone. Probably AOC.
He has had to deal with city politicians his entire adult life.
Extra-ordinary, indeed. Unless there was some criminal bribery in the obtaining of the permits, the city and the state permits should be enough for the project, IMHO. I do not appove of "Indian giving" on the part of government, and especially at the behest of a single judge.
At 51 stories, way way too tall for the neighborhood.
Zoning is how local elites perform tyranny in the cities.
” remove as many as 20 or more floors from the top of the building”
Wow, talk about judicial tyranny. They get the permits spend millions and the men in black order them to remove twenty floors like it was an ugly chair in the lobby. When the rats screw up a state they go big.
“Indian giving” on the part of government,
Nicely stated.
It would be easier to take 20 floors off the bottom.
Zoning is evil, it is worse then gun control if you think about it.
Zoning is theft of real property for the benefit of others, designed by Karl Marx himself.
Zoning is left to boards full of political connected deep state thugs who decide your faith for their own personal gain. It doesn’t work, never has, and never will.
Free market works best, not commie corrupt centralized planning.
I always like the people say we are going to lose our freedoms
My response is, you already lost your freedoms, you just don’t know it yet.
Zoning is how local elites perform tyranny in the cities.
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A very broad statement (and true in many areas) but can you imagine a city without the power to zone what goes where?
What we don’t know about what is going on here, what went on, I a lot.
He has had to deal with city politicians his entire adult life.Not to mention the mob unions.
Deep-staters, Pelosi, Schiff, Nadler are kindergarteners by comparison,
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A very broad statement (and true in many areas) but can you imagine a city without the power to zone what goes where?
Ever been to Houston?
If I understand the article. The building was able to meet the necessary zoning by “cobbling” also referred to as “gerrymandering” the existing zoning of surrounding properties. Perhaps this practice was never codified but simply based on an official’s or board’s interpretation of a city zoning ordinance. It is likely the judge decided that unless such a practice was permitted specifically in the code/ordinance the more narrow application of what constitutes a surrounding properties must be used. Which is how it is in most sane places.
Zoning works just fine. Most people would rather not have a auto reclaim and salvage yard next door. Just an example.
That’s something that gets overlooked: the byzantine labyrinth of rules, regulations, personalities, budgets, and payrolls to deal with to be a real estate developer in NYC and other such cities. I don’t know how he did it—but no one is complaining!
From the article, they were told that they built at their own risk once the suit was first heard.
Nevertheless, they were given building permits, and the building is nearly complete.
I could understand a judge (or even a zoning board) holding up construction if there was a credible judicial challenge in process, but an after-the-fact revocation of the permit (or at least the last 20 floors of it) seems crazy. Maybe the developer pulled a fast one on the board, but as long as the board has the power of review and approval, I think its approval should stand.
If the law or building codes are vague enough to allow for multiple interpretations, the code/law should be made more explicit.
Just my humble opinion on how the world should work, LOL.
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