Brooklyn Bridge Park Developers – Motion for Preliminary Injunction Denied

Herrick successfully defended the developers of a $320 million Brooklyn Bridge Park hotel and condominium project, winning a decision of particular significance to the New York real estate industry as it held that the four-month statute of limitations for challenging administrative determinations cannot be circumvented by couching a complaint as a declaratory judgment action. In a bid to halt the project’s construction, activists filed suit against our clients in New York state court, seeking both an injunction and a declaratory judgment from the court that the planned buildings exceeded height limitations specified in the governing documents for the project. The court denied the motions in their entirety, ruling that the development complied with the law, and further finding that the legal challenge was barred by the statute of limitations for bringing an Article 78 proceeding. A contrary ruling would have paved the way for legal challenges to be made long after government approvals have been obtained for a development project.

In addition to representing our clients on the plaintiffs’ appeal, Herrick is also representing the developers in a new suit filed by activists, now alleging that the project violates a “scenic view district” regulation. Here, we have defeated a motion for a temporary restraining order and are awaiting a ruling on the plaintiffs’ motion for a preliminary injunction. In the meantime, construction on the project continues.