The recent Court of Appeals decision in Avella v. City of New York, covered by Mark Hamblett in early June, prevents a major economic development project in northern Queens from moving ahead. Known as the “Valley of Ashes” in The Great Gatsby, the site of the project includes a polluted brownfield where small auto repair shops have repaired vehicles for decades. Those same business owners—primarily immigrant entrepreneurs—have thrived without passable streets, sewers, sidewalks, and other infrastructure. For decades government has tried unsuccessfully to redevelop Willets Point.
The Decision and Implications
The primary issue on appeal in this case was whether mapped parkland upon which a portion of the development project was to be built had been alienated by the state legislature. In the decision, the majority interpreted a 1961 state law to prohibit the development of a retail and entertainment shopping mall complex next to Citi Field where the Mets play baseball. Chief Judge Janet DiFiore’s dissent argued for the construction to occur, finding that the parkland had been alienated, and that the retail and entertainment uses were consistent with the trend in modern ballparks (and even the Circus Maximus in ancient Rome) to co-locate retail, restaurant, and entertainment shops near stadiums.
