MEATPACKING DISTRICT — The state's highest court denied a motion to hear the argument of opponents of the Barry Diller-backed island park known as Pier55.
In a one-line decision, the New York State Court of Appeals denied the motion filed by Richard Emery, lawyer for the City Club of New York, Tom Fox and Rob Buchanan.
“We are, of course, disappointed," Emery said upon learning of the decision on Tuesday. "However, we are proceeding in federal court on grounds unrelated to the state cases, challenging the Army Corps of Engineers permit. We still hope that we will be successful and will continue to challenge this ill-conceived project until every potential remedy is exhausted."
The President and CEO of the target of his lawsuit, the Hudson River Park Trust, which is collaborating with Diller on the $130 million park and amphitheater, was "pleased" with the decision.
"We're pleased to see this ill-conceived lawsuit thrown out once and for all," HRPT boss Madelyn Wils said in a statement. "We're continuing with construction and Hudson River Park looks forward to welcoming visitors to what will be one of the city's most spectacular new public spaces.”
Over 50 pilings have already been driven into the Hudson River to support the pier, and construction work is starting on the decks of the pathways that will eventually lead to the pier, a Trust spokesman said.