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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