Tobacco Warehouse Update
In a ruling with national implications, United States District Judge Eric N. Vitaliano handed The New York Landmarks Conservancy and other plaintiffs an historic victory when he ruled July 12 that the Tobacco Warehouse and the Empire Stores were illegally removed from federally protected parkland in Brooklyn Bridge Park. He ordered their return to public parkland. Click here to read the decision.
The lawsuit was filed because the National Park Service capitulated to pressure from the City and allowed the Tobacco Warehouse and Empire Stores to be removed from the park for private development without following any of the federal laws that govern such action: Land and Water Conservation Fund Act; National Environmental Policy Act; Administrative Procedure Act and Section 106 of the National Historic Preservation Act. The Conservancy, which was involved in the preservation of the Warehouse a decade ago, did not take a position on the ultimate use of either that building or the Empire Stores, but felt obligated to ensure that federal preservation laws were followed.
In his decision, Judge Vitaliano issued a stinging rebuke to the National Park Service for breaching public trust, violating federal law, and failing to carry out its duties. He added that “It is crystal clear…that NPS acted outside of its legal authority…”
The ruling stated that the evidence “is so one-sided that (plaintiffs) must prevail as a matter of law.”
“This decision is important to the entire country,” said Conservancy President Peg Breen. “Those fighting to preserve and protect parks and historic buildings everywhere will use this decision to make sure that all levels of government follow the law.”
“Everyone must follow the law. Everyone. We are grateful the Court applied the law, but it is a shame court action was necessary,” said Jim Walden, pro bono attorney with Gibson Dunn and Crutcher who litigated the case on behalf of the plaintiffs.
The Conservancy joined the Brooklyn Heights Association, Fulton Ferry Landing Association and Preservation League of New York State as plaintiffs. The legal department of The National Trust for Historic Preservation also provided assistance.
The defendants were National Park Service, Interior Secretary Kenneth Salazar, Brooklyn Bridge Park Development Corporation, Brooklyn Bridge Park Corporation and St. Ann’s Warehouse, Inc.
