Gowanus Rezoning Could Move Forward As Soon As Monday, City Says

BROOKLYN, NY — The city's plan to rezone Gowanus — which has been tied up in a legal battle since January — could move forward as soon as Monday, city officials announced.

The Department of City Planning said late Friday that Judge Katherine Levine, who has been overseeing a lawsuit against the plan, had indicated that she could allow it to move forward. A temporary restraining order put on the proposal in January was still in place as of Friday evening.

“Today, New York Supreme Court Justice Levine indicated she could allow the Gowanus Neighborhood Plan to move into public review as soon as Monday, and for that reason, it has been placed on the draft City Planning Commission agenda," spokesperson Melissa Grace said.

The announcement was swiftly met with dissension from Voice of Gowanus, one of the groups spearheading the lawsuit.

"The TRO has not been lifted," they said in a statement within the hour. "Mayor De Blasio, don't count your chickens just yet."

The potential end to the legal battle comes three months after Voice of Gowanus and another coalition first sued the city days before the rezoning was set to begin its public review process. The first stop on the review process, known as ULURP, is for the plan to be "certified" by the Planning Commission.

The groups, Voice of Gowanus and Friends and Residents of Greater Gowanus, contend that the rezoning should be put on hold until in-person meetings about it can be held. They argue the use of virtual hearings during the coronavirus pandemic stifle public participation.

So far, Levine has seemed skeptical of the argument that virtual hearings are against the law, but has pushed the city to come up with "creative" ways to increase public access.

Over two hearings in late January and February, she partially lifted a restraining order on the plans so the city could release its proposal to the public.

Most recently, the city asked Levine to dismiss the lawsuit given a new executive order from de Blasio explicitly allowing hearings in ULURP to be held virtually.

The Gowanus Rezoning proposes a series of city-led zoning changes to 80 blocks surrounding the Gowanus Canal that officials hope will bring more affordable housing, climate-change protections and varied development to the once-industrial neighborhood. It has been in the works for a decade.