Coalition Against Columbus Ctr. v. City of New York

Citation769 F. Supp. 478
Decision Date10 July 1991
Docket NumberNo. 90 Civ. 5014 (SWK).,90 Civ. 5014 (SWK).
PartiesCOALITION AGAINST COLUMBUS CENTER, Selma Arnold, Ross Graham, Al Hehn, Columbus Center Travel, Ltd. and Coalition Against Lincoln West, Inc., Plaintiffs, v. The CITY OF NEW YORK, the Board of Estimate of the City of New York, the Department of Housing Preservation and Development of the City of New York, the Metropolitan Transportation Agency, the Triborough Bridge and Tunnel Authority, the New York City Industrial Development Agency and Coliseum Associates, Defendants.
CourtU.S. District Court — Southern District of New York

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Stults Balber Horton & Slotnik by John T. Van Der Tuin and Pesetsky, Goldfeder & Bookman by Jerry H. Goldfeder, New York City, for plaintiffs.

Patterson, Belknap, Webb & Tyler by Robert P. LoBue, Howard Goldman, Steven Russo, New York City, for defendants Metropolitan Transp. Authority and Triborough Bridge and Tunnel Authority.

Victor A. Kovner, Corp. Counsel of City of New York by Daniel Turbow, Rosemary Myers, New York City, for Mun. defendants.

Berger Steingut Tarnoff & Stern by Theodore S. Steingut, Bernard D'Orazio, New York City, for defendant New York City Indus. Development Agency.

Paul Weiss Rifkind Wharton & Garrison by Robert A. Atkins and Brown & Wood by Paul Selver, Elise Wagner, New York City, for defendant Coliseum Associates.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

This case challenges, from a variety of environmental and regulatory standpoints, the proposed building of "Columbus Center" (the "Project"), a 2.1 million square foot mixed-use redevelopment project involving retail, office, cinema, residential and parking garage space near Columbus Circle in Manhattan. Presently before the Court are defendants' joint motion for summary judgment and plaintiffs' cross-motion for partial summary judgment.

BACKGROUND1

Plaintiffs are a group of coalitions, individual neighbors and local businesses which oppose the construction of Columbus Center. Some of the individuals are board members of nearby Community Boards and others are officers of the Tenants' Associations of local buildings.

Defendant Triborough Bridge and Tunnel Authority ("TBTA"), is the seller of the Project site, for itself and on behalf of defendant City of New York ("the City" or "NYC"). Defendant New York City Industrial Development Agency ("NYC IDA") is a public benefit corporation which is participating in the financing of the project. Defendant New York City Board of Estimate approves all dispositions of the City's real estate interests and amendments to its urban renewal plans. Other defendant City agencies are the Department of Housing Preservation and Development ("HPD") and defendant Metropolitan Transit Authority2 (the parent agency of TBTA). Defendant Boston Properties is the developer, acting through defendant Coliseum Associates.

The City acquired the site just west of Columbus Circle in 1953 by condemnation under the Columbus Circle Slum Clearance Plan, pursuant to General Municipal Law § 72-k then in force. The TBTA purchased rights to use and occupancy in consideration of approximately two million dollars. In 1956 the TBTA constructed, and has since operated an office building and the New York Coliseum, a convention center, on the site. When these facilities were rendered obsolete in the early 1980s by the construction of the Jacob Javits Convention Center, the City and TBTA agreed in 1984 to sell the Coliseum site. The City sought proposals for private purchase and redevelopment of the site pursuant to a study by the City Department of City Planning which recommended overhauling the zoning regulations of the Midtown area to increase the permitted density. City Planning Commission, Midtown Zoning, March 1982 (attached as Exhibit 8 to Affidavit of Frederick S. Harris, dated October 5, 1989 (hereinafter "Harris Aff."), annexed to Defendants' Memorandum of Law in Support of Motion to Dismiss or for Summary Judgment ("Def. Mem. I")), at 27. The TBTA was designated the "lead agency" to carry out the required environmental studies under the State Environmental Quality Review Act ("SEQRA"), including a draft Environmental Impact Statement ("DEIS") and final Environmental Impact Statement ("FEIS").

After receiving fifteen proposals for development of the site, TBTA accepted Boston Properties' proposal.3 The agreement among the parties (hereinafter the "New Purchase Agreement") provides, inter alia, that NYC IDA will be the owner of the commercial portion of the project, and will issue certain tax exempt bonds to Coliseum Associates for financing. The gross purchase price, i.e., not including the benefit package provided through NYC IDA, is approximately $338 million. The proceeds are to be applied toward capital and operating programs of the City's transit system.

The project has been challenged in several other lawsuits and has been scaled down twice.4 The revised terms are embodied in the New Purchase Agreement (hereinafter "the Agreement"). Presently, these plaintiffs challenge the project on six grounds, two federal plus four pendent state claims: (1) alleged violations of the Federal Clean Air Act, 42 U.S.C. §§ 7401 et seq.; (2) Article 78 proceeding against alleged violations of the New York City Zoning Resolution, Article 1, Ch. 3 and 6 NYCRR Part 203; (3) alleged violation of NYC IDA Mandate, § 917 of New York State General Municipal Law; (4) alleged violation of NYC IDA internal regulations and policies; (5) alleged conflict of interest in violation of § 73 of State Public Officers Law; and (6) Federal Housing Act and HUD violations.

The relief plaintiffs seek is a declaration that the New Purchase Agreement is null and void and a declaration that the five resolutions of the Board of Estimate, two TBTA resolutions and one NYC IDA resolution approving, enabling, or financing the sale are void. Additionally, as to the Clean Air Act claim, plaintiffs seek an injunction against defendants from taking any steps in furtherance of the project until (1) a revised Environmental Impact Statement is prepared to show how carbon monoxide violations will be avoided; (2) the project is revised to eliminate changes to the parking garage until a special permit is obtained; and (3) a permit for that garage is granted by the New York State Commissioner of DEC. Complaint at 35-38. Plaintiffs also seek costs and attorneys' fees.

This matter was previously dismissed without prejudice for failure to comply with a 60-day waiting period under the Clean Air Act. See Coalition Against Columbus Center v. City of New York, 750 F.Supp. 93, 95 (S.D.N.Y.1990) (hereinafter Columbus Center I). Familiarity with that opinion is assumed. The waiting period has run and plaintiffs have now refiled. Cross-motions for summary judgment were pending before the Court at the time the Court dismissed the prior action. Since refiling, the parties have submitted supplemental briefs, affidavits and exhibits in support of their motions. The Court heard Oral Argument on May 15, 1991 and ordered additional information to be provided to it on June 24, 1991.

There has been little if any discovery in this case. However, the parties agree that there are no contested factual issues as to the first three causes of action, and that at least these can be resolved on summary judgment motions alone.

DISCUSSION

Summary judgment is appropriate where "the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Rule 56(c). In testing whether the movant has met this burden, the Court must resolve all ambiguities against the movant. Lopez v. S.B. Thomas, Inc., 831 F.2d 1184, 1187 (2d Cir.1987) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)).

The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. Adickes v. S.H. Kress and Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). The movant may discharge this burden by demonstrating to the Court that there is an absence of evidence to support the non-moving party's case on which that party would have the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986).5 The non-moving party then has the burden of coming forward with "specific facts showing that there is a genuine issue for trial." Rule 56(e). The non-movant must "do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Speculation, conclusory allegations and mere denials are not enough to raise genuine issues of fact. To avoid summary judgment, enough evidence must favor the non-moving party's case such that a jury could return a verdict in its favor. See Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986) (interpreting the "genuineness" requirement).

I. Federal Clean Air Act Claim.

The Clean Air Act ("CAA") is comprehensive federal environmental law that calls upon the United States Environmental Protection Agency (hereinafter "EPA") to promulgate national ambient air quality standards ("NAAQS") for various pollutants. See 42 U.S.C. §§ 7409 et seq. The individual states determine how to achieve and maintain these standards by devising a State Implementation Plan ("SIP"). Id. at § 7410. The EPA enforces compliance, but the CAA also authorizes citizen suits under certain circumstances. Id. § 7604. In order for citizens properly to allege a CAA violation, they must allege that the City has specifically "repudiated" or "failed to fulfill" any part of its SIP commitment. Wilder v....

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  • Coalition Against Columbus Center v. City of New York, s. 564
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 22, 1992
    ...require the defendants to comply with the Act as implemented by New York's State Implementation Plan. Coalition Against Columbus Circle v. City of New York, 769 F.Supp. 478 (S.D.N.Y.1991). Defendant Coliseum Associates appeals from the portion of the judgment holding it jointly and severall......

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