Oral Arguments on FreshDirect Case Monday, April 7

 

Oral Arguments on FreshDirect Case Monday, April 7 Bronx Supreme Court,  851 Grand Concourse 8:30 am | Rally/Press Conference   Gather on the steps of  the Bronx Supreme Court facing 161st Street 9:30 am | Oral Arguments    Judge Brigantti-Hughes’s Court | Room 702 The community effort to challenge FreshDirect’s proposed move to the South  Bronx continues! Still before the Court is the legal claim challenging the  New York State Department of Transportation’s (DOT) approval of the  sublease of public land to FreshDirect in violation of the State Constitution  because the FreshDirect project eviscerates the public purpose of this  state-owned land. Originally, Judge Brigantti-Hughes dismissed the claim on  the grounds that the complaint alleged no DOT involvement in the  conveyance to FreshDirect. However, after the Judge issued her opinion, facts  became available to us establishing DOT’s involvement in the conveyance,  thus providing us with the opportunity to seek permission to amend our  complaint and move forward with our constitutional claim. Oral arguments  on Monday will address the new facts showing DOT's involvement in approving the FreshDirect project. Join us! * * * FreshDirect also faces numerous additional hurdles before it could break ground at Harlem River Yards. For example, in order for  portions of an approximately a $50 million subsidy package to be  awarded by the board of the Empire State Development  Corporation, the state must hold a public hearing. In a sign of  how difficult that approval could be, three months ago at the  behest of board member and South Bronx Congressman   Serrano, the Empowerment Zone board (housed at the  ESDC) denied FreshDirect $3.5 million in subsidies. In addition,  zoning regulations do not allow the project to proceed  as proposed, requiring a Uniform Land Use Review  Procedure process to take place, along with related public hearings. FreshDirect also faces setbacks that may impact its proposed move,   including a class action lawsuit filed last week against the company  by workers claiming that the company improperly withheld more  than $23 million in overtime wages and tips. In addition, Fresh Direct's sole international shareholder, UK grocer Morrison’s,  will sell its share in the company following an 11% drop in profits.

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