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FLASH! GERRARD: Med Research Permitted; No Eminent Domain
Posted on Tuesday, February 26 @ 13:00:26 EST by jfbailey
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High Noon News, By John F. Bailey, Filed 2/26/02, 1:00 PM EST:The Mayor's Office, at request of the Common Council has released the 10-page legal opinion of Arnold & Porter, the Council's environmental law firm, on the effect of zoning questions involving the New York Presbyterian Hospital proposal to build a biomedical/cancer research facility on its central White Plains campus off Bryant Avenue. The ramifications are significant.
Michael Gerrard, of Arnold & Porter, in his advisory, (written with Nelson D. Johnson), significantly writes that "medical research" is a permitted use as part of the Special Permit the hospital now enjoys.
He also advised the council, that under a New York State Legislature law, the city has no right of eminent domain on the hospital property, contrary to legal opinons of opponents of the proposal, who apparently are unaware of this law.
In further analysis, Gerrard's opinion indicates that the council could refuse a request for a change in zoning, with more legal certainty that if they were to deny a Special Permit use.
The opinion is written by a lawyer (Gerrard) who drafted the New York State SEQRA standards under which the hospital proposal is being reviewed, and is in direct contrast to legal advice offered to the council by opponents of the proposal.
In a third finding in Mr. Gerrard's memo, he and Mr. Johnson write that the city, indeed, does have the right to rezone the property.
WPCNR will provide more details.
The document in its entirety, may be reviewed on the City of White Plains Website. To reach the city website, click on "White Plains Links," go to Government and click on the City of White Plains Website, and go to the "New York Hospital--New" headline.
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