Politics & Government
PPW Bike Lane Battle Awaits Judge's Decision
After the third day in court for the suit, the case now hinges on Judge Bunyan's decisions on the case's merits and discovery.
The Prospect Park West bike lane lawsuit now awaits a ruling from the judge before proceeding after Brooklyn Supreme Court Justice Bert Bunyan rejected Neighbors for Better Bike Lanes and Seniors for Safety’s attempt to issue subpoenas without approval from the court.
Last week, Judge Bunyan a flurry of subpoenas issued to everyone from Councilmember Steve Levin to Transportation Alternatives director Paul Steely White. The city had gone to court in hopes of obtaining a temporary restraining order against NBBL and SFS, t for the removal of the controversial two-way bike path.
On Wednesday, the case’s third day in court, Judge Bunyan advised that Walden also withdraw an initial round of subpoenas issued to Transportation Commissioner Janette Sadik-Khan, Councilmember Brad Lander, and DOT officials. NBBL agreed to withdraw the subpoenas and to get prior court approval before issuing any new subpoenas in the future.
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"We are pleased with today's developments, which will go a long way
toward ending the harassing theater that has surrounded this case,” said city attorney Karen Selvin. “We look forward to the judge's decision and are confident that we will prevail on this important New York City project."
There is no date scheduled for the next hearing; the case now awaits a decision from Judge Bunyan on the merits of the case, and whether or not to allow discovery, which unusual in Article 78 hearings such as this one. If Judge Bunyan decided against the case’s merits, it would dismiss the case in entirety.
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“We are really pleased that Judge Bunyan restored some semblance of sanity to this case,” said bike lane advocate and Park Slope Neighbors co-founder Eric McClure. “This case has always been about merits.”
NBBL and SFS did not view the day’s events as a setback, though.
“We are looking forward to hearing this case on merits,” said Walden.
“The judge has some decisions to make. I think that when he digs into the facts, he will see that the facts favor the petitioners’ case.”
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