Congressman Eliot Engel, Senator Jeff Klein, Senator Adriano Espaillat, Assemblyman Jeff Dinowitz and Councilmember Andrew Cohen continued their fierce opposition to LG Electronic’s proposed 143-foot LG tower along the Palisades by filing a legal brief in support of environmentalists’ efforts to end the project.
“The Palisades are a nationally recognized treasure that have been shared by the people of New York and New Jersey for over a century,” said Senator Klein. “Residents from both sides of the Hudson have voiced their opposition to LG’s plan and today Congressman Engel, Senator Espaillat, Assemblyman Dinowitz, Councilmember Cohen and I are continuing are fight alongside these residents in taking legal action to overturn this judge’s tragic decision. Together, we’ll continue to do everything possible to stop LG’s massive and unwanted overdevelopment.”
The brief outlines “three independent and compelling cases” against the evaluation process used to allow the construction of the LG Electronics building. First, the elected officials argue in their brief that the Borough of Englewood Cliff’s Board of Adjustment, the body that granted a variance in the zoning law for LG Electronics to build above the 35 foot maximum height restriction, did not satisfy the condition for granting this variance. As the brief notes, a variance must only be granted for “special reasons” that do not cause “substantial detriment to the public good.” Given that the Palisades are a “universally recognized” landmark, the brief contends that LG has clearly failed to meet such standards.
Second, the elected officials argue that the sheer magnitude of the variance requires LG to present “specific and compelling” evidence demonstrating the need of the project’s scale and size. Such evidence, the brief outlines, simply does not exist.
Finally, the legislators argue that the approval of the 143-foot building failed to properly apply basic standards of New Jersey’s Municipal Land Use Law. Under New jersey law, all variances must cause “no substantial detriment to the public good.” Given that New Jersey has a legal obligation to maintain the Palisades as a scenic resource for both New York and New Jersey, the legislators argue that the LG variance clearly violates that legal obligation and thus fails to meet the burdens of NJ Municipal Land Use Law.
A variance in the zoning law along the Palisades authorized LG Electronics to build above the 35 foot maximum height restriction. Local New Jersey residents, the New Jersey State Federation of Women’s Clubs and the environmental group, and Scenic Hudson subsequently filed a lawsuit against LG Electronics and the Zoning Board of Adjustment, challenging the authority of the Zoning Board to grant LG Electronics the right to construct such a tall building.
In early August of 2013, the Bergen County Superior Court upheld LG Electronics’ plan to construct a 143-foot building headquarters. With the plaintiffs filing an appeal in the hopes of overturning this decision, elected officials representing parts of the Bronx and Westchester that directly face the Palisades filed an amicus brief on behalf of this appeal in the Appellate Division of New Jersey Superior Court.
Congressman Eliot Engel (D-NY-16) commented on the project:
“I had hoped that LG would be a better corporate citizen by yielding to our communities’ concerns. LG has little to gain and should seriously consider alternative options, such as building a shorter, wider building that wouldn’t desecrate one of New York’s signature landscapes and cause undue harm to the environment. The Palisades are truly a unique treasure that must be preserved.”
“This case will impact the future of our community, so New Yorkers need an advocate in New Jersey Superior Court,” said Senator Espaillat . “We’re filing this brief to make sure the Court takes a hard look at LG’s proposal, and prevents the damage their new headquarters will do on both sides of the Hudson.”
Assemblyman Dinowitz (D-Riverdale) commented:
“The breathtaking view and natural beauty of the Palisades has existed for eons. The construction of this huge tower by LG would forever spoil this incredible natural resource. It will also irrevocably open the door for future large scale construction on the palisades and it’s simply not necessary. They can easily build a facility of equal capacity by building shorter and wider. Shame on them. I am proud that all of our local elected officials have joined together to fight LG’s horrible plan.”
“Today I file this amicus with Congressman Engel, Senator Klein, Senator Espaillat and Assemblyman Dinowitz to prevent the LG Corporation from constructing this unwanted development. Not only is this project detrimental to the integrity of the Palisades but it sets a dangerous precedent for future developments along this National Natural Landmark. We will do everything we can to protect the beauty of this national treasure,” said Council Member Andrew Cohen.
The amicus brief was filed by Bradley M. Campbell, Esq., a nationally recognized environmental lawyer based in New Jersey. His previous work includes serving as Commissioner of the New Jersey Department of Environmental Protection (DEP), regional administrator of the United States Environmental Protection Agency’s Mid-Atlantic region and as a attorney at the United States Department of Justice. During his tenure as New Jersey DEP Commissioner, Mr. Campbell secured permanent statutory protection for New Jersey’s Highlands region, and worked closely with New York in establishing tougher standards on automobile, mercury, power plant and greenhouse gas emissions. Following the attacks of September 11, 2001, Mr. Campbell was the first public official in the nation to mandate increased safeguards for chemical plant security.
Senator Klein and Assemblyman Dinowitz co-authored a letter to New Jersey Governor Christie on July 3, 2013, urging him to intervene on behalf of New Jersey and New York residents in the planned construction of a new 143 foot building for LG Electronics Corporation in Englewood Cliffs, NJ, by the Palisades.
On August 15, 2013, Senator Klein, Congressman Engel, Assemblyman Dinowitz and then Democratic nominee for City Council, Andrew Cohen, held a press conference with environmental leaders to call on LG Electronics to lower the height of their headquarters.
Photo c/o CBS NY.
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