Forest Hills Residents Sue City Over Control of Private Streets
Residents of Forest Hills, New York, have initiated legal action against the city, claiming an unlawful takeover of their private streets during the concert season at the Forest Hills Stadium. The Forest Hills Garden Corporation (FHGC) filed a federal lawsuit, alleging that the NYPD “unconstitutionally” commandeered their property on over 30 concert days this past summer to facilitate events that generated substantial revenue for the stadium.
The lawsuit, revealed by The New York Post, highlights a growing frustration among residents regarding the impact of the concert series on their daily lives. Katherine Rosenfield, a partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP, representing the FHGC, stated, “It’s not really a dispute between the Forest Hills Gardens and the stadium. It’s about the city taking people’s property without paying for it.” The homeowners group, which comprises nearly 4,000 members, seeks compensation for the alleged invasion of their property, potentially amounting to millions of dollars.
The NYPD reportedly took control of the private streets to manage crowd control and traffic during concerts, a practice that has occurred in previous years. This year, however, the FHGC rescinded its approval for police involvement, which initially impeded the NYPD from issuing permits for the stadium’s scheduled events. Ultimately, a compromise was reached, allowing concerts to proceed without the FHGC’s consent.
Residents voiced strong dissatisfaction with the situation. Jenna Cavuto, a public school teacher and Forest Hills resident, described the challenges of navigating her neighborhood during concert nights. “To even just walk down my sidewalk to get to Austin Street and to have to go through security checkpoints… it’s laborious,” she explained. Cavuto and others have opted to stay away from their homes during concert nights to avoid the inconvenience.
The lawsuit also raises concerns about public safety and access. According to the complaint, incidents have occurred where residents were unable to access their driveways due to police barricades. In one notable instance, an elderly woman sustained an injury after being prevented from having her taxi drop her off at her home, forcing her to carry luggage over several blocks.
While the NYPD has not commented directly on the lawsuit, they stated that their operations typically focus on public streets. The FHGC asserts that the city’s actions on private property have not only disrupted their community but have also resulted in uncollected fees that would typically be charged for similar activities on public streets. Organizers of similar events are often required to pay around $25,000 per day for street closures, alongside fees for cleanup of refuse left by concertgoers.
Despite the friction, not all members of the FHGC support the lawsuit. Former FHGC president Mitchell Cohen criticized the board’s decision to block police support, suggesting that the legal action is a misstep. “The vast majority of Forest Hills wants the Stadium to be successful,” he remarked, adding that the lawsuit is being driven by a small faction within the community.
The legal dispute is the latest chapter in an ongoing contention between the Forest Hills residents and the stadium, which has faced multiple lawsuits over noise complaints related to concert events. The Department of Environmental Protection has issued at least six violations against the stadium during the previous summer season, a decline from eleven the year prior.
As the legal battle unfolds, the community continues to grapple with the implications of the stadium’s events, balancing the potential economic benefits against the disruptions they cause to daily life in Forest Hills. The outcome of the lawsuit could have lasting effects on the relationship between the city, the stadium, and the residents of this vibrant neighborhood.
