$660M Bronx golf course gets green light from court.

Judge William A. Wetzel of the State Supreme Court in Manhattan gave the city the go ahead to start construction on Croton Water Filtration Plant on Mosholu Golf Course in the Bronx, after two community groups had filed lawsuits to stop the multi-million dollar project.

Friends of Van Cortland Park, and The Croton Watershed Clean Water Coalition and several individuals--have each brought suit against the city seeking to stop work on the filtration plant.

The Friends of Van Cortlandt Park filed their suit on October 1, 2004, and the Croton Watershed Clean Water Coalition filed its suit on Wednesday, September 29, 2004.

Both groups are challenging the city's review of the potential environmental impacts of locating the water filtration plant at the Mosholu golf course and at two alternate sites, one on the Harlem River and the second in Westchester County.

In addition to the restraining order Judge Wetzel lifted and the one Judge Dollard denied, the petitioners have requested a preliminary injunction requiring the city to re-perform its environmental review. The Friends of Van Cortlandt Park also seek to require the city to adopt a zoning change for the water treatment plant, while the Croton Watershed Clean Water Coalition is seeking to require the city to reconsider its chosen method of filtration.

"The judge lifted the restrictions, which means essentially there's no legal impediment for the city to start cutting down trees and moving ground," said Howard Epstein, attorney for the Friends of the Van Cortlandt Park. He said the case will continue in court October 21, even though the city is proceeding with the project.

On October 1, the Court had imposed a restraining order temporarily stopping the work so that it could consider the issues raised by the parties. The Judge's action means that the Department of Environmental Protection can precede with site preparation and construction work at the Park. The Friends of Van Cortlandt Park, a local neighborhood advocacy group, had sought an emergency order to stop the city from doing any work in the Park.

"The city believes that its environmental review was extremely detailed, that this site is the best location for the plant, and that the city complied with all legal requirements for siting the plant in Van Cortlandt Park," said Susan Amron, Deputy Chief, Environmental Law Division, New York City Law Department. "We are confident that the Courts will continue finding on the city's behalf in future proceedings."

In addition to the Manhattan decision, on September 30, Judge James P. Dollard of the State Supreme Court for Queens County, refused to enjoin the City Department of Environmental Protection from beginning work on the water filtration plant in a related case brought by the Croton Watershed Clean Water Coalition, another advocacy group, and several individuals.

"Today's legal decision is an important win for the city, in particular coming on the heels of the Queens Supreme Court's decision last week denying a separate petitioner a TRO," said Amron. "Moving forward on this matter will assist us in meeting the federal court requirements that the city have its filtration plant operational by 2011."

On September 28, the City Council approved a Memorandum of Understanding with the State that allowed the city to move forward with the construction of a water filtration plant for the Croton Water Supply System. As part of the agreement, more than $220 million generated from water and sewer revenue will be spent on improvements to Bronx Parks over the next five years.