NEW YORK CITY—It has been a winter of discontent for the Community United to Protect Theodore Roosevelt Park. And Tuesday morning the American Museum of Natural History got one step closer to its $383 million Gilder Center made glorious summer by an appellate court. On Feb. 5, 2019, the court denied Community United's motion to stop the construction on AMNH's expansion project pending the appeal of the Supreme Court's Dec. 10, 2018 decision. The latest appellate ruling vacated the interim relief—the temporary restraining order issued by appellate judge Judith J. Gische on Dec. 18, 2018. The TRO had halted some of the museum's construction activities which would adversely affect green spaces in Theodore Roosevelt Park.

The panel of judges decided 3-2 to deny the community activists' motion. Justice Gische joined Justices Rolando T. Acosta and Barbara R. Kapnick in the majority decision to vacate the interim stay which Justice Gische herself had previously issued. Justices Ellen Gesmer and Anil C. Singh dissented.

This decision means that AMNH is not enjoined from any tree removal, demolition or construction activity to build the Gilder Center for Science, Education and Innovation. The project, designed by Studio Gang Architects, is a five-story, 230,000-square-foot building, which expands the museum about a quarter acre in the park.

“We are pleased the court ruled no further stay was necessary during the pendency of the appeal. That means construction activities necessary to advance the project can continue,” says Nick Paolucci, director of public affairs and press secretary, New York City Law Department. “In light of this ruling we are even more confident that the lower court's decision will be upheld on appeal.”

An AMNH spokesperson provided the following statement in response to Tuesday's court ruling:

“The Museum is extremely pleased that today's decision to lift the stay will allow all work to proceed. We look forward to the appellate court's decision and have every expectation that that the NYS Supreme Court's clear decision on the merits, will be affirmed on appeal. The new Gilder Center for Science, Innovation, and Education will significantly enhance the Museum's scientific work, education programs, and visitor experience, and we are delighted to be moving forward.”

Community United has been opposing the expansion in the park. The group's attorney, Michael Hiller has argued the park's lands are private and the museum should not be able to take them to build upon without going through the ULURP process or to the state legislature. The group filed a complaint on May 22, 2018. On Dec. 10, 2018, Judge Lynn R. Kotler in the New York State Supreme Court ruled against the activist group.

Her opinion stated the City's lease to the museum grants them the right to construct an appropriate building anywhere within the park. Hiller has argued that this sets a dangerous precedent and filed an appeal on Jan. 29, 2019.

Community United and Hiller did not provide comments on the Feb. 5 ruling by the time of this article's filing. The museum notes that it expects to complete the Gilder Center by 2021.

Instant Insights /

Appellate Court Allows Natural History Museum Construction Pending Appeal

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