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Pier 55 Construction Resumes Following Latest Lawsuit

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Construction can continue until the full case is heard in September

The planned park at Pier 55 received a temporary reprieve Tuesday when the Appellate Division of the State Supreme Court decided to lift an injunction that halted construction on the project last month, Curbed has learned. The injunction was in response to a lawsuit filed by the City Club of New York in June 2015 alleging that there hadn’t been a proper environmental review process with regards to the redevelopment of Pier 55.

A lower court had already dismissed the lawsuit earlier this year, and in late April it was revealed that construction on the pier would get underway sometime in the summer after the project had secured approvals from U.S. Army Corps of Engineers, the State Department of Environment Conservation and the local community board.

But all of that changed last month when the State Supreme Court asked that the Barry Diller and Diane Von Furstenberg-funded project stop construction until the full case was properly heard in September. Now the court has lifted the injunction and construction can proceed until the case gets underway in September.

"With the City Club’s latest charade behind us, we will get back to building the new public park that local residents have sought for years," a spokesperson for Pier 55 said, in a statement. "Now that both state and federal courts have denied its demand for an injunction, the City Club should take this cue to finally end its absurd crusade against the wishes of the community. We remain committed to making Pier55 a reality and providing new green space for all New Yorkers to enjoy."

A spokesman for the Hudson River Park Trust issued the following statement:

"We're pleased that the court has reversed its decision, allowing us to get back on track with our planned construction for the summer. The plaintiffs have yet to produce a single relevant credible expert, and we're confident the courts will continue to rule in our favor."

UPDATE: A lawyer representing the City Club has issued the following statement:

"The injunction was not lifted. It was narrowed to allow 9 piles of 550 to be driven temporarily until the case is decided. The Diller developers do that at the peril of having to remove them if we win the case. The Appellate Division's ruling is still that we are likely to succeed on the merits."