Conservancy Joins Tobacco Warehouse Lawsuit
The New York Landmarks Conservancy joined the Brooklyn Heights Association and Fulton Ferry Landing Association as plaintiffs earlier this month in a federal suit against the National Park Service over the removal of the Tobacco Warehouse from the Brooklyn Bridge park.
The suit alleges that in 2008 the NPS ignored its own regulations in allowing the “de-parking” of the landmark, 1869, Warehouse, failing to follow the required public process. NPS’ action allowed the Brooklyn Bridge Park Corporation to turn the Warehouse over for commercial development.
On January 27, the United States Department of Justice (DOJ) announced that NPS is officially reviewing its 2008 decision and ordered the City to treat the Warehouse as if it were again fully protected federal land during the review.
A federal grant helped restore the area including the Warehouse, then under State control as the Empire Fulton Ferry State Park. In return, the State had to agree never to “alienate” or remove the Tobacco Warehouse, since it was included in the official park map. This area became part of the overall Brooklyn Bridge Park and the State turned the Park over to the City to operate in March of last year.
The Conservancy helped save the Tobacco Warehouse from demolition in 1999 when state engineers thought it would be vulnerable in a storm. The Conservancy disagreed with that assessment and brought in noted engineer Robert Silman. He agreed with the Conservancy that it could be saved and drew detailed plans to stabilize the structure.
Bernadette Castro, the New York State Parks Commissioner at the time, then invested in the building, creating a unique open-air park, which community groups and members of the public used for years in a wide array of outdoor activities.
State Parks closed the Tobacco Warehouse at the end of 2009 saying that “further renovation” was required. Plaintiffs later discovered that State Parks had applied to the NPS in November 2008 asking that the Warehouse be removed from the park. Despite years of varied uses, State Parks also stated that the Warehouse was not used for, nor suitable for outdoor recreational activities. NPS agreed to removal a month later, without following any of the mandatory procedures which govern such removals.
The plaintiffs were prepared to ask for a temporary restraining order to prevent the City from moving ahead with the planned commercial development when DOJ’s order to protect the Warehouse averted a court date last week.
Plaintiffs are working with the City hoping to reach a standstill agreement to leave the warehouse alone until NPS issues its decision.
