http://www.nytimes.com/2016/09/09/nyregion/developers-of-pier-55-win-a-round-in-court-barry-diller.html 2016-09-08 22:07:26 Developers of Pier 55 Win a Round in Court The New York State Appellate Division rejected arguments against the project on Thursday, handing a victory to the media mogul Barry Diller and the Hudson River Park Trust. === Barry Diller The City Club The two sides in the case made their oral arguments before the Appellate Division, First Department, on Tuesday. The rapid decision by the Appellate Division upheld a lower-court ruling rejecting the arguments by the critics. The court ruled that the lease did not violate the public trust doctrine. “The existing record indicates that the Trust adequately considered the cumulative impacts of the Pier 55 project and the nearby Pier 57 project,” the court said, before approving the new pier. Mr. Diller, chairman of IAC/InterActiveCorp, has agreed to take on most of the cost of building and operating the park at the foot of 13th Street, replacing a crumbling nearby pier. The city, the state and the Army Corps of Engineers have approved the project, while the trust completed a lease with Pier 55 Inc., a nonprofit established by Mr. Diller and his family foundation. Richard D. Emery, the lawyer representing the opponents, said he was “disappointed” in the decision, but would immediately ask the state’s highest court, the Court of Appeals, to hear the case. The opponents also have a lawsuit in federal court seeking to overturn the project’s approval by the Army Corps of Engineers. “I think this proves that government spaces are up for auction to the highest bidder,” said Tom Fox, a longtime advocate for the park and a plaintiff in the case. “Not even the courts will protect the public interest.” Proponents of the project, however, were elated. “This was a ridiculous lawsuit from the start, so we’re pleased by today’s swift and sweeping decision,” said Madelyn Wils, executive director of the Hudson River Park. “Today’s ruling marks a victory for the millions who love Hudson River Park, and we look forward to welcoming visitors to what will be one of New York’s greatest public spaces.” Gov. Andrew M. Cuomo, a supporter of the project, said in a statement Thursday that the decision “affirms that Hudson River Park Trust and Pier 55, Inc. appropriately assessed the environmental impacts of the project and conducted a timely, thorough review. I look forward to seeing construction move forward, and realizing both the economic and recreational benefits this vital park will bring.”