A lawsuit challenging redevelopment plans for the southern portion of Governors Island was dismissed by a judge this week, though the Manhattan resident leading the charge against rezoning plans said they would appeal the decision.
In an email sent to Gothamist on Saturday, Manning wrote: “We believe the court made errors, and we will be appealing the decision.”
“The Deed does not require Governor’s Island to remain static,” Kotler wrote in her decision. “It is not for the court or petitioners to supplant respondents’ determinations simply because a 360-degree panorama view of the harbor will no longer be available from the high hill in the southern park area.”
“While respondents and amicus lament changes to the natural qualities of the island, respondents have weighed those considerations and opted to prioritize enhancing public enjoyment and access,” Judge Kotler’s decision reads. Kotler appeared unpersuaded. “The zoning and deed restrictions operate together as parallel regulations of the land,” she wrote. “Thus, the court cannot say that the City Council’s actions were arbitrary and capricious simply because the zoning does not mirror the Deed.”
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