NEW YORK—The $21 Million reconstruction of Union Square Park's north end was halted last week by State Supreme Court Judge John E. H. Stackhouse, who issued a temporary restraining order after a lawsuit was filed against the City and the Union Square Partnership by Geoffrey Croft of the NYC parks Advocates, the Union Square Community Coalition (USCC), and others.
At the heart of the lawsuit is the use of the park's pavilion for a privately run café. Croft and others contend that the park is using badly needed playground space for a private enterprise, the Café in the Pavilion. The city contends that the redesign actually adds three times as much playground area than previously existed.
"Community board 5 has the least amount of playground space in the city and the highest density of restaurants, it doesn't make sense to create another restaurant in the park so people can sit and drink $18 beers," said Croft.
The lawsuit contends that the Parks Department has not followed the proper procedures to allocate park property for private use. The state government must approve the allocation of park property for private use.
New York County Supreme Court Justice Jane Solomon heard the case this week on Monday. She extended the injunction as it pertains to the construction of the pavilion and the adjoining planned comfort station and the basement level of the pavilion, but no trees can be removed. Construction can continue on the playground area.
According to a statement by City Attorney Chris Reo issued after Monday's hearing, "We are pleased the Court permitted the City to proceed with some of the work for this important rehabilitation project. While a limited [temporary restraining order] remains in effect, we are confident in the City's legal position, and hopeful that, upon reviewing the papers, the Court will agree that this project should immediately proceed."
Adding further complication to the already contentious circumstances, an anonymous contributor has donated part of the funds for the project. What was at first a $5 million donation, and is now up to $7 million—comes with a stipulation that the pavilion be used for a café.
It is widely speculated that the anonymous donor is restaurateur Danny Meyer, who is a co-chair of the Union Square Partnership. He is also the president of Union Square Hospitality Group, which includes Union Square Cafe, Gramercy Tavern, Eleven Madison Park, Tabla, and The Shake Shack in Madison Square Park.
Meyer could not be reached for comment.
Susan Kramer, a former co-chair of the USCC, speaking on WNYC radio this week said, "As far as I know about the donation…there was no restriction on donations, it was not predicated on there being a restaurant."
When asked about the source of the donation, she said, "I don't think it was Danny Meyer."
At the court hearing on Monday an attorney for the City said he wasn't sure if the City would be putting a café in the pavilion, which apparently drew laughs from those in attendance.
The café has been part of the planned renovations for the last five years. The City has filed for permits for a 120-seat café in the park and has also acquired permits for an 1,800 square foot kitchen in the lower level of the pavilion, according to Croft.
Also at issue is the removal of 14 trees, five of which are mature shade providing trees. The Parks Dept. says they will replace those 14 trees with 53 new trees.
"The trees in this park have existed for centuries," said Marjorie Berk, from the USCC. "If you plant new trees it will be years before they provide shade; these old trees form a wonderful umbrella and create magnificent shade in the summer."
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