A judge dismissed a lawsuit intended to invalidate the Bruckner Boulevard rezoning on Tuesday.
Photo Aliya Schneider
The lawsuit hoping to overturn the Bruckner Boulevard rezoning plans was dismissed by Justice Leticia Maria Ramirez in Bronx Supreme Court on Tuesday.
The Article 78 lawsuit — a type of legal challenge that allows people to challenge government decisions — was filed by Buffalo-based land use attorney Richard Lippes on Feb. 13. Lippes is representing a group of Throggs Neck residents against the rezoning called the Bronx Coalition Against Up Zoning Inc., which is led by John Cerini, a 52-year-old accountant and insurance agent who runs local businesses Bronx Tax Man and Capital Shield.
Lippes told the Bronx Times on Tuesday that he expects to discuss whether his clients want to appeal the case “fairly quickly.”
“We’re obviously disappointed with the decision, but this is a battle, not a war, and we hope to win the next battle, assuming my clients wish to continue,” Lippes told the Bronx Times.
Lippes would not say whether he believes an appeal would be effective, adding that he has faced successes and losses over the 53 years he has been practicing.
“It’s difficult to judge what a court would do, and prognosticating that is not a very worthwhile effort,” he said.
The City Council approved the rezoning unanimously on Oct. 12, 2022 after City Councilmember Marjorie Velázquez — who is up for reelection in November — turned on her long-held position against the project and encouraged her colleagues to approve it. The project is anticipated to bring 348 apartments to the low density East Bronx neighborhood of Throggs Neck, including 192 income-restricted — 99 of which are reserved for seniors and 25 for veterans. It has faced fierce backlash from local residents who have branded the project as an upzoning that will ruin the low density designation they enjoy in their slice of suburbia.
Lippes argued in…
Read the full article here
Leave a Reply