More than 100 Nassau County residents and the Village of Sea Cliff are appealing an Aug. 17 court decision that allows construction of a giant Glen Cove waterfront development.
Judge Antonio L. Brandveen dismissed separate lawsuits filed by the residents and village against the city and developer RXR Glen Isle Partners that sought to annul city planning board approval for the Garvies Point development and that alleged violations of environmental law.
Sea Cliff Mayor Bruce Kennedy on Friday called the summary-judgment dismissal a “blundering decision” that had “no legal reasoning for any of the conclusions.”
The Sea Cliff village board unanimously voted Sept. 6 to appeal, he said.
Amy Marion, attorney for the 105 residents from Sea Cliff, Glen Cove and nearby communities, said a number of facts are in dispute. Instead of dismissing the case, Brandveen should have allowed it to go to trial, to fully examine each side’s arguments, she said.
Brad Schwartz, a White Plains-based attorney for the city, said Brandveen’s decision was sound.
“The city is confident the appellate division will find just like the lower court did: That these claims are completely meritless,” he said.
RXR Glen Isle, whose majority partner is Uniondale-based RXR Realty, plans to build 1,110 condominiums and apartments, parks, stores, restaurants, offices, marinas, an esplanade and other amenities.
Much of the 56-acre site had for decades been used for metal processing and disposal. Federal and state environmental agencies have been cleaning up the land for the past two decades, and officials with the agencies say they expect remediation to be complete in the coming weeks.
RXR Realty Chairman and CEO Scott Rechler told Newsday last month that he plans to have equipment mobilized so “we’re starting construction at the moment” of environmental clearance.
Frank Haftel, director of the Garvies Point project for RXR, said in an email last week that, despite the appeals, the company plans to proceed with construction.
“This meritless appeal is simply a desperate attempt by Sea Cliff to block a transformative project that will finally restore Glen Cove’s waterfront to productive use for the community,” he said.