On Monday, the legal efforts of FFLA and the Brooklyn Heights Association to preserve the Tobacco Warehouse as a public amenity were fully vindicated in a sweeping ruling from the New York State Supreme Court. Judge David Vaughan ruled that City and State officials violated the Public Trust Doctrine by transferring the Tobacco Warehouse to a private entity, and forbade officials from taking any further action on the historic structure without the explicit approval of the State Legislature. Judge Vaughan wrote that the Bloomberg Administration’s plan, which had the help of State officials, “was a nullity because it violated New York’s public trust doctrine.” The Court found that “the undisputed evidence before the court demonstrates that the Tobacco Warehouse was dedicated parkland, as it was used as outdoor recreational parkland as part of Empire Fulton Ferry State Park,” and that the State’s “original intent was to designate the Tobacco Warehouse for public use is manifestly unambiguous.” He derided the Administration’s arguments as “conclusory” and devoid of legal support.
This is the second major court decision in our favor, as our pro-bono attorney Jim Walden of Gibson Dunn & Crutcher noted: “Since two separate courts have found the government’s actions unlawful, we hope the Administration will finally appreciate that it put the interests of a private organization over the public interest, and it failed in its duties to protect a vibrant and important public structure.”
The Federal (see earlier story ) and State decision together mean that should Brooklyn Bridge Park Corporation wish to develop the Tobacco Warehouse , it cannot do so for private purposes, nor can the Park Corporation use it for anything other than outdoor public recreation. To change the Tobacco Warehouse’s status as parkland, the administration must first apply for a federal process called conversion, based on the standards of the National Park Service and then, given the State ruling, it would need to ask for State legislative approval. Fortunately, one of our State representatives, Assemblywoman Joan Millman, has said, ”According to the state judge, a municipality cannot take dedicated parkland and convert it to non park purposes without the approval of the state legislature. And there’s no way I’m approving that.”
Judge Vaughan’s full decision can be read here: State Opinion
By happy coincidence, on the same day that Judge Vaughan issued his decision, St. Ann’s Warehouse announced it had found a new home in DUMBO on 29 Jay Street. We are thrilled that St. Ann’s will remain in DUMBO and hope that 29 Jay might become its permanent home.
