Counsel informs us that this past Wednesday, June 8th, the Court heard oral argument as to whether or not he should consider the EPA’s proposed plan issued last week, the DEC’s decision issued the week before and the Town of Oyster Bay’s comment letter to the City of Glen Cove regarding the project.
The Court reserved decision. However, and most notably, Mr. Zarin, on behalf of the City of Glen Cove, argued to the court, in essence, that he has been doing this for years and is well aware of a case which was cited by plaintiffs repeatedly – that being the case of Matter of Bronx Comm. for Toxic Free Schools v New York City Sch. Constr.
Auth. Mr. Zarin assured the Court that he is so familiar with this case and the law surrounding it, and yet he referred to this case as one which dealt with a stormwater management plan, which is absolutely incorrect– this case dealt with construction of a campus including four public schools in the Mott Haven area of the Bronx on what was formerly a railroad yard. The soil and groundwater were significantly contaminated, and had to be cleaned up.
Once again, the City and its “professionals” not only misinforming the public – but the court as well!
–Amy Marion, Esq.