The temporary restraining order granted in November to protect forest in Christopher Morley Park from the proposed air stripper was lifted in a decision last month by a four-judge panel of the New York State Supreme Court, Appellate Division, Second Department in Brooklyn.
The petitioners in the matter, two residents of Roslyn Estates and one from East Hills, discovered the decision by searching the appeals court website last week.
“This is a very disappointing decision, but the governor has still refused to sign the ‘parkland alienation’ bill needed to allow destruction in the forest, so nothing will happen yet and we need people to help us,” said petitioner Richard Brummel of East Hills.
The lawsuit against the Roslyn Water District, Nassau County and the Town of North Hempstead, Brummel said, was appealed to the Appellate Division after a judge in Nassau County Supreme Court ruled that the petitioners did have legal standing to litigate to protect the 40-acre forest.
The appeal remains in effect, and the petitioners, according to Brummel, are working on preparing the actual brief needed to place the case before the full Appellate court.
On Nov. 19, 2014 after a hearing, the three petitioners, Brummel added, won a temporary restraining order issued by a single judge of the Appellate court, Justice Sandra L. Sgroi.
In the Christopher Morley Park case, Brummel along with Joshua Dicker, an attorney, and David Greengold, a financial consultant, argued that the water district, the town and the county violated state environmental protection laws in their approvals to date of the air stripper project.
The lower court did not rule on that question, choosing instead to dismiss the case based on Nassau County’s challenge to their standing. Brummel said that two of the petitioners live in sight of the proposed construction and all three argued that they use and enjoy the forest extensively, thereby establishing their standing to protect it and prevent injury to their own interests.
