On New Year's Eve, Our Hudson Waterfront and the Valley Alliance submitted a four-page letter to the Planning Board, Mayor Kamal Johnson, and Council president Tom DePietro urging the City "to take swift action to protect the integrity of its Zoning Code and authority of its agencies, and to deter nuisance lawsuits designed to undermine their necessary and proper review processes" by asking the court "to summarily dismiss the recent lawsuit filed by A. Colarusso & Sons."
The letter goes on to assert:
The purposes of Colarusso’s action appear to be to intimidate Board members, delay the application of established local laws, and waste public resources in hopes of exhausting civic officials’ patience and budgets. This is just the latest in a series of attacks on your agencies and appointees, and cannot be tolerated without rendering the City’s entire Code meaningless.
The letter presents and elaborates on these five "clear and ample grounds for requesting and obtaining immediate dismissal of this lawsuit":
- The issue of jurisdiction was already decided in the City's favor, and can't be re-litigated.
- The lawsuit is premature and untimely because no final determination has been reached.
- The DEC Commissioner upheld Hudson's jurisdictional responsibilities for the project.
- Having filed applications and participated in their review, Colarusso can't turn back time and erase that ongoing process.
- If anything, Colarusso has benefited from the City's indulgence, and many instances of bias in its favor.
Despite the issuance of an Order to Remedy, the loss of all grandfathered status, and a court decision requiring applications for permits for the entire operation, the City has taken no action to stop the ongoing activities at the Hudson dock by Colarusso.
Though the company lost any claim of a prior right to continue operations, it has been allowed to do so throughout this long process—a process which has been greatly extended by Colarusso’s own intransigence and litigiousness.
The entire letter, which was signed by David Konigsberg and Donna Streitz for Our Hudson Waterfront and Peter Jung and Sam Pratt for the Valley Alliance, is reproduced here.
To read the lawsuit filed by A. Colarusso & Sons, click here. Select "Search Records as Guest," enter "Colarusso" in the "Party 1" field, and click on "Search." Go to page 4 and scroll down to the bottom of the page. The link to the current lawsuit is the fifth item from the bottom.
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