To the Editor,
From the day that the Bronx Coalition against Upzoning filed their lawsuit seeking to get the much-reviled Bruckner upzoning annulled, the city and the developers have tried every trick in the book to have this case dismissed, therefore robbing the community of their day in court.
Both the city and the developers argue technicalities in an attempt to prevent this case from being heard on the merits — all technicalities for which cures and exceptions are available under the law. These attempts to rob the community of their opportunity to argue their case are to be rebuked in the same way the city’s use of a 100-year-old precedent to deny property damage claims from victims of Hurricane Ida was rebuked.
The decision as to whether this case moves forward or is dismissed rests with the court — not the city or developers. For every argument made as to why this case shouldn’t be heard there is a counterargument based upon law. While I believe the court will permit this case to move forward, I also know that if that the court dismisses the case there is a higher court which can be appealed to.
This isn’t over by a long shot.