In Association for Community Reform Now (ACORN) v. Bloomberg , ACORN brought a special proceeding -- by way of CPLR Article 78 -- challenging New York City's plan to build a new solid waste marine transfer station (MTS) on East 91st Street and the East River in Manhattan.
After an existing, but inoperable, MTS was demolished, the City wanted to build a new facility which would have a 14-foot-high sound barrier to abate the new station's noise levels and a "tripping floor" which would prevent trucks from collecting in the surrounding neighborhoods.
When the New York County Supreme Court dismissed the case, ACORN appealed to the Appellate Division, First Department, which upheld the plan.
The East River site was viewed as the most "rational" location because the area had already been zoned for the intended use and the project wouldn't "cause any significant or drastic changes to the existing land uses or the overall character of the neighborhood" -- particularly since the surrounding residences had been developed while the prior MTS was still operational. (The plan also carefully examined the project's environmental impact, detailed appropriate "mitigation measures," and best advanced New York City's Waterfront Revitalization Program 's policies.)
With its request for leave to appeal to our state's highest court denied just a couple of months ago, ACORN won't be planting its seed with the Court of Appeals anytime soon.
To download a copy the Appellate Division's decision, please use this link: Association for Community Reform Now (ACORN) v. Bloomberg