A suit and appeals challenging the plan for Southtown have finally ground to a halt with a victory for the Roosevelt Island Operating Corporation (RIOC).  The State’s highest court, the Court of Appeals, rejected a request for permission to appeal filed by Roosevelt Islanders for Responsible Southtown Development (RIRSD).  The single-line decision read, “Leave to appeal denied.”

The developers, The Related Companies and the Hudson Companies, say they expected the outcome.  The first building in the new Southtown complex is now rising above the fence that encloses the site.  David Kramer of Hudson provided The WIRE with this statement on the decision:  “In the State Supreme Court in July, 2000, Justice Harold Tompkins wrote that the Southtown litigation was a ’policy dispute camouflaged as a procedural challenge.’  This opinion was supported by the Appellate Division last December and reinforced again last week by the Court of Appeals in its denial of RIRSD’s request to appeal.  The courts appropriately viewed the litigation as frivolous, and we’re enthused to focus now on the task at hand to build a beautiful Southtown, which will enhance the experience of being part of Roosevelt Island.”

The RIRSD steering committee, headed by Rivercross resident Steve Marcus, issued a statement lamenting the decision.  “Obviously we are very disappointed with the outcome...  We’d like to thank everyone who supported our efforts.  Even though we didn’t get the result we were looking for, we’re very proud to have tried to protect our home against this blatant disregard for the General Development Plan.”

RIRSD’s attorney, Chris deMayo of Leboeuf, Lamb, said, “While I’m obviously disappointed in the outcome, I thought the case was vigorously litigated by RIRSD.”

RIOC had a simple statement:  “Mr. [Robert] Ryan [President of RIOC] and the RIOC Board were always confident the suit would be dismissed on the merits.”

RIRSD’s statement reflected on the substance of the suit, in which it had claimed the Southtown plan violated the Island’s General Development Plan.  “RIOC was allowed to build in violation of the GDP because we, the residents, have no voice in what happens on this Island.“  The statement claims the developers will gross $10 million per year and that RIOC “gave away” $4.5 million to supply infrastructure for the new buildings, and will receive a return on investment too low to justify such an expenditure.

One further Southtown legal matter is a petition for reargument of the original appeal to the Appellate Division of the State Supreme Court by Robert Chira, a Rivercross attorney representing the Alternative Southtown Design Committee.  At press time, there was no word on the status of that petition.