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GOOD MORNING DENNIS AND TONNY FROM WHITE PLAINS NEW YORK WHERE IT’S 74 HAZY MUGGY WPCNR DEGREES.

LAST WEDNESDAY THE APPELLATE COURT, SECOND DEPARTMENT IN BROOKLYN DEEEEEEEEEEEENIED WHITE PLAINS EMINENT DOMAIN MOVE TO ACQUIRE POST ROAD ON THE BLOCK ADJACENT TO THE WINBROOK APARTMENTS FOR THE PURPOSE OF  AN UNKNOWN PROJECT.

THE OWNER OF ONE OF THE PROPERTIES THREATENED WITH THE CITY’S EMINENT DOMAIN TAKEOVER SAID THE COURT DENIED THE CITY FOR THREE REASONS.

1.) THE CITY RELIED ON A TWENTY-FIVE YEAR OLD DESCRIPTION OF THE PROPERTIES AS A “BLIGHTED AREA” AND IT IS NOT.

2.) THERE WAS NO REASON GIVEN FOR TAKING THE PROPERTIES.

3.) A CITY MUST BE SPECIFIC IN SAYING WHAT THE CITY INTENDS TO DO WITH THE PROPERTIES SHOULD THEY BE ACQUIRED.

GABRIEL ARANGO, ONE OF THE OWNERS OF THE PROPERTY FILED THE SUIT. THE OWNER SAID THE WHITE PLAINS HOSPITAL HAD PURCHASED THE DENTAL PROPERTY PART OF THE ORIGINAL TARGETED PROPERTY

THE SOURCE ALSO SAID THE CITY HAD ALREADY PUCHASED THE FIRESTONE AND PHARMACY PARCELS ON POST ROAD. HOWEVER HE HAD NO IDEA WHAT THE CITY WOULD DO WITH THEM NOW. IT WAS THE PROPERTY OWNER’S IMPRESSION THAT “THE HOSPITAL GOT WHAT IT WANTED, ” AND NOW IS NOT INTERESTED IN THE PROPERTIES WHOSE OWNERS WON THE SUIT IN LAST WEDNESDAY’S DECISION.

THE APPELLATE COURT SECOND DEPARTMENT DECISION CAME DOWN HARD IN ITS JUDGMENT WRITING:

“THIS COURT WILL NOT ACT AS A MERE “RUBBER STAMP[ ]” TO APPROVE FINDINGS OF BLIGHT WHERE THE CONDEMNING AUTHORITY HAS FAILED TO PROVIDE EVIDENCE TO SUPPORT ITS FINDINGS HERE, THE AGENCY’S “BARE PLEADING” OF SUBSTANDARD CONDITIONS DID NOT SATISFY ITS OBLIGATION TO RESPOND TO A CHALLENGE TO ITS FINDING OF BLIGHT BY PRESENTING “AN ADEQUATE BASIS” FOR ITS CONCLUSION

BOOM!

THEY CONTINUED,  A CONDEMNING AUTHORITY DOES NOT DEMONSTRATE THAT PROPERTY IS SUBSTANDARD FOR THE PURPOSE OF URBAN RENEWAL, THE AUTHORITY MUST IDENTIFY SOME PUBLIC PURPOSE OTHER THAN THE PURPORTED REMEDIATION OF BLIGHT WHILE A CONDEMNING AUTHORITY MAY SELECT VIRTUALLY ANY PROJECT WHICH “CONTRIBUTES TO THE HEALTH, SAFETY, GENERAL WELFARE, CONVENIENCE, OR PROSPERITY OF THE COMMUNITY” THIS BROAD DISCRETION DOES NOT RELIEVE THE AUTHORITY FROM SELECTING A PARTICULAR PROJECT AND, WHERE DEMANDED BY THE PROPERTY OWNER, SUBMITTING THAT PROJECT TO JUDICIAL SCRUTINY.

THIS RULING THAT THE CITY HAS NOT ISSUED A REACTION TO WHEN ASKED BY WPCNR EXPLICITLY RESTRICTS ANY CITY TOWN OR COUNTY FROM MAKING SPECIAL EMINENT DOMAIN ACQUISTIONS FOR THE BENEFIT OF FAVORED PROJECTS WITHOUT DISCLOSING THEM: DEALMAKERS TAKE NOTE.

TONIGHT AT THE COMMON COUNCIL MEETING AT 255 MAIN STREET, THEY’RE HAVING A PUBLIC HEARING ON THE SENLAC RIDGE 701 WESTCHESTER AVENUE PROJECT THAT WOULD RAISE  WESTCHESTER AVENUE TWO STORIES AND TURN IT INTO 360 APARTMENTS

IN A LETTER NEIGHBORHOOD ASSOCIATIONS  SAID THIS PROJECT IN CONJUNCTION WITH OTHERS PLANNED NEARBY, WILL RESULT IN AN ADDITIONAL 2,100 VEHICLES THAT WILL BE UTILIZING BRYANT AVE., NORTH ST., RIDGEWAY, MAPLEMOOR –SAMMIS LN. 

 
•    WE HAVE ADDITIONAL CONCERNS ON THE IMPACT TO OUR MUNICIPAL SERVICES, PARTICULARLY THE RIDGEWAY FIREHOUSE AND LADDER 34 WHICH CONTINUE TO OPERATE AT PART-TIME STATUS. 

•    OVERALL, THE SOUTH END OF WHITE PLAINS IS A LOW DENSITY, SINGLE FAMILY AREA THAT WE DO NOT FEEL IS A FIT FOR THESE HIGH-DENSITY RENTAL UNIT PROJECTS.  WE FEEL THESE RENTAL UNITS FIT IN WITH THE DOWNTOWN AREA CLOSE TO THE METRO NORTH STATION, BUS TERMINALS AND WALKABLE RETAIL.  NOTWITHSTANDING, THERE ARE ALREADY OVER 5,500 MULTI-FAMILY UNITS SLATED TO BE CONSTRUCTED IN WHITE PLAINS, SO WE QUESTION DO WE NEED TO ADD AN ADDITIONAL 360 UNITS IN WHAT SEEMS TO BE AN ALREADY SATURATED MARKET.

SO THAT ACTION TAKES PLACE THIS EVENING. WHETHER THE HEARING WILL BE CLOSED AND VOTED REMAINS TO BE SEEN. I SUSPICION IT WILL BE CLOSED AND VOTED ON IN AUGUST BUT YOU NEVER KNOW.

COVID INFECTIONS CONTINUE TO RUN AT HALF OF 1 PERCENT FOR THE LAST WEEK THROUGH YESTERDAY 12 STRAIGHT WEEKS OF SUSTAINED DECLINE IN COVID INFECTIONS. FROM JUNE 29 THROUGH JULY 4 THE COUNTY TESTED 23,220 AND 89 TESTED POSITIVE, A RATE OF JUST UNDER HALF A PERCENT. AND NO DEATHS AT COUNTY EXECUTIVE LATIMER SAID EARLIER THIS MORNING.