A Manhattan judge has denied an effort by a group of Upper West Side residents who are opposing the American Museum of Natural History's $383 million expansion project, which will take up a portion of the neighboring greenspace in Theodore Roosevelt Park.

In October, Manhattan Supreme Court Justice Lynn Kotler had temporarily halted the construction of the Gilder Center for Science, Education and Innovation, which when finished would add about 190,000 square feet to the museum and encroach about a quarter of an acre of the roughly 17.5-acre park.

The museum, which consists of 25 interconnected buildings, now takes up more than seven acres of the park and draws about 5 million visitors annually.

The plaintiffs, a group called the Community United to Protect Theodore Roosevelt Park, argued that the project would take away greenspace and cause damage to the environment in the area. In their Article 78 filing, the plaintiffs also argued that the project should be subject to the city's Uniform Land Use Review Procedure.  

The case turned on an 1876 state statute allowing the museum to enter into a lease with the New York City government for the park, known as Manhattan Square at the time; the ensuing lease, brokered the following year, states that the museum can erect buildings on park land.

Community United argued that it would be “absurd” to assume that lawmakers intended for the state statute to allow the museum to build in the park some 140 years later without further legislative approval.  

But Kotler ruled Monday that she agrees with the museum and the city, which is also a defendant in the case, that the lease agreement allows the museum to build anywhere in the park.

As for the plaintiffs' concerns about environmental effects, Kotler acknowledged that the project site, like many development sites in New York City, contains hazardous materials like volatile organic compounds, but that there are mitigation protocols in place.

“Indeed, this is not a case where the museum will simply begin digging into the ground,” the judge said.

Attorneys from Sive, Paget & Riesel and DLA Piper represent the museum. According to a statement from the museum, it will contribute funds for maintaining the park.

“The expansion will significantly enhance museum education programs, visitors' experience, and scientific work,” the statement reads.

David Paget of Sive Paget said that Kotler's ruling “systematically dismantles” the plaintiffs' position in the case and accused the group of “fear mongering” over the supposed environmental impacts of the project.

“We're delighted that plain English carried the day and efforts to inject uncertainty and doubt were readily dispatched,” Paget said.

Nicholas Paolucci, a spokesman for the city's Law Department, said city attorneys are pleased that the judge found that the city conducted a thorough review of environmental impacts at the site.

“The city looks forward to the museum breaking ground on this important project which will benefit New Yorkers and many other museum visitors,” he said.

Michael Hiller of Hiller PC represented Community United.  

“We're obviously disappointed with the decision,” Hiller said. “We really believe in our case and were confident in the outcome—at least until today.”

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