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Photo from May via MoRUS]
The battle for the Children's Magical Garden continues.
Yesterday, Garden members filed a lawsuit in New York Supreme Court asking to be declared owners of the lot at 157 Norfolk St. at Stanton Street,
according to Serena Solomon at DNAinfo.
Local residents established the garden back in 1983.
Per DNAinfo:
Garden members claim in the lawsuit that the New York State law of "adverse possession" makes them the rightful owners of the lot. Under the law, someone has the right to ownership if they have occupied a property for at least a 10-year period.
"We love the whole garden," said the garden's director Kate Temple-West. "We have been actively supporting the earth here for more than 30 years, for a very, very long time."
This story got particularly ugly back in May. Citing security and safety concerns,
workers erected a fence on part of the property that developer Serge Hoyda owned, much to the dismay of residents, community activists and local poltiticians, who wanted to maintain the entire space as a community garden.
In late June, the Department of Housing Preservation and Development transferred ownership of the remaining section of the garden to the Parks Department to protect the parcel as park space. (Read more about this at
DNAinfo.)
Earlier this year, Hoyda sold his parcel to a real-estate group, who want to build
a six-story, six-unit residential building. According to the proposed
work plans, the new building will measure 7,242 square feet and include a gym and a penthouse. The city disapproved the first round of plans last Wednesday.
Garden members are suing both Hoyda and the new owners, the Yonkers-based Horizon Group. Read a PDF of the complaint
here.
Garden members are holding a press conference at the site this morning at 7:15.
Previously on EV Grieve:
Updated: Children’s Magical Garden under siege on the Lower East Side