Pier 55 Construction Can Go Ahead as Planned, Court Rules

CHELSEA, NY — Pier 55 is back on track for now. A New York appellate court ruled in favor of Barry Diller's planned massive park on Thursday, allowing the 2.7-acre public development to continue construction.

A New York state appellate court ruled Thursday that "the Trust [Hudson River Park Trust] adequately considered the cumulative impacts of the Pier 55 project..." and the City Club's case lacked standing against the Trust, the court decision said. The civic group The City Club of New York sued Pier 55, a massive park project by Hudson River Park Trust and funded by media mogul Barry Diller, claiming there was a lack of transparency in planning the project.

"I'm sure we’ll continue to be tested," Diller said in a statement. "I think it's good for the process, though I hope in the future these tests will be about the project itself rather than the personal animosities of these particular plaintiffs."

The City Club said it will appeal Wednesday's ruling.

The civic group had also argued that other bidders besides Diller did not have sufficient information to make their bids, but the court ruled petitioners did, indeed, have enough information for their bids.

"We are grateful for the court's decision and are pleased to be back on our fall construction schedule, which will make Pier 55 a reality for all New Yorkers," said a statement from a Pier 55 spokesperson. Construction on the project will resume immediately, the spokesperson added.

"This was a ridiculous lawsuit from the start, so we're pleased by today's swift and sweeping decision," Madelyn Wils, CEO and president of the Hudson River Park Trust, said in a statement. "Today's ruling marks a victory for the millions who love Hudson River Park, and we look forward to welcoming visitors to what will be one of New York's greatest public spaces."

Governor Andrew Cuomo weighed in with a positive reaction to the ruling. "I applaud the New York Supreme Court’s decision to allow Hudson River Park Trust to move forward on the long-awaited project to transform Pier 55 into a dynamic, vibrant public space all New Yorkers can enjoy," he said in a statement.

"I am disappointed with the Appellate Division’s ruling," Richard Emery, attorney for City Club, said in a statement. "If followed, it means that the legislatively mandated protections for the Hudson River have been substantially degraded by this monster project that has avoided proper environmental review.

"Calling this privatization a 'park' in order to spin the case as in the public interest does not serve New Yorkers. We will pursue our further remedies in the New York Court of Appeals and in federal court, where we have a case pending," Emery said.

Construction on Pier 55 was halted except for a few support structures installed in June after a New York state appellate court said the project needed to pause work until the case was heard on Tuesday.

In a recent interview with the New York Times, Diller accused real estate tycoon Douglas Durst of The Durst Foundation of funding the City Club's case against Pier 55. The Durst Foundation declined to comment.

Image courtesy of Pier 55