NYS Attorney General Spitzer Joins RIRA in Octagon Lawsuit

by Dick Lutz

The New York State Attorney General, Elliot Spitzer, has joined the Residents Association lawsuit against the Octagon Apartments project, filing a friend-of-the-court brief supporting the claim that the project violates the 2002 Roosevelt Island Open Spaces Law.

Attorney Dan Quart, who has taken the case for the Residents Association, announced the development Wednesday night at the meeting of the RIRA Common Council, hours after filing additional papers in the case.

Friday morning, hours after the Thursday night press deadline for this issue of The WIRE, the case was scheduled for oral arguments on a temporary restraining order (TRO) before Justice William A. Wetzel of the State Supreme Court. Because construction is well under way at the Octagon site, Wetzel is expected to rule on the TRO soon.

RIRA had originally filed its suit pro se - that is, with its officers expecting to plead the case. Quart, who is a candidate for this district's City Council seat, took on the case after a RIOC filing pointed out that, as a corporation, RIRA must be represented by counsel. At Wednesday night's RIRA Council meeting, RIRA President Steve Marcus paid tribute to Quart for taking on the case. Quart, in turn, gave credit to Edward Lloyd, a professor of environmental law at Columbia University, and Lloyd's students, who have assisted in preparation of the case.

Case documents filed by RIRA ask the court to order a stop to construction, saying, "Damage to Octagon Park has already been done, and there is a great likelihood that further damage and irreparable harm will occur without the court's intervention." Several large trees were removed from the site as early as last fall.

RIOC contends that available open park space at the Octagon site will be increased about a quarter of an acre by construction of the 512-unit project, pointing out that part of the area has been unavailable for years because of the presence of uncontrolled plant growth and rubble from the demolished Lunatic Asylum. The Octagon tower, the only remnant of the Asylum, is to be restored as part of the project, which would make much of the former park area a partially enclosed courtyard of the new building. RIRA has decried this as an inappropriate use of the land, which was designated as an "ecological park" in the Island's original General Development Plan, commonly known as the "GDP." The Attorney General's brief says, on this point, "Building 13-story housing towers on the 2.5 acres of land 'surrounding' the landmark does not improve the use of that land as open space."

The RIRA papers point out that the RIOC Board initially passed a resolution conditioning its approval of the Octagon project on specific approval by the State Legislature, then later passed a replacement resolution leaving out that condition, but approached Assemblymember Pete Grannis, who sponsored the 2002 law that RIRA claims forbids construction, seeking amendment of the law to including explicit language permitting the project. Grannis refused, and has filed papers supporting the RIRA claim.

Legal papers that have been made available to The WIRE are posted with this issue of the newspaper on Website NYC10044 at nyc10044.com.