FOIL Request for Penn Station's Mixed-Use Development Plan: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses the land use case 'Weinstock v. NYS Urban Dev. Corp.," dealing with a FOIL request. He writes: "This case is of interest because many opponents of large projects file FOIL requests in an effort to uncover evidence which may derail such projects. This decision found that some of the government agency's objections were over broad and inconsistent with the language and intent of the FOIL statute."
August 01, 2023 at 01:25 PM
14 minute read
Land Use—FOIL Request—Penn Station Mixed-Use Plan—Petitioner Submitted Records Requests Under NY Public Officers Law §87(2)—NYS Urban Dev. Corp. (UDC) Identified 9,000 Possibly Responsive Documents, Disclosed 2,580 Documents and Withheld Remainder—Court Granted Petition in Part—UDC Must Disclose Most Records Withheld Under 'Present Or Imminent Contract UDC Awards' Exemption—Anticipated Agreement With Vornado Did Not Constitute 'Contract Award' Under §87(2)(c)—Statute Lacked Definition of 'Contract Awards'—Other Statutes Refer to "Contract Awards' as Contracts Obtained Through Competitive Bidding, After the Government Issues a Request for Proposals, Solicits and Evaluates Bids and Ultimately Grants Government Contract to the 'Lowest Bidder'—Vornado Agreement Did Not Involve Competitive RFP Process—UDC Failed To Explain How Draft Agreements and Correspondence Would Impair Future Negotiations With Other Property Owners—Court Required In Camera Review of Intra-Agency and Inter-Agency Documents That May Contain 'Factual Tabulations Or Data' Which Are Not Exempt—Attorney Who Represented Himself Is Entitled to Attorney Fees
The respondent NYS Urban Dev. Corp. (UDC) is the "lead agency for the Pennsylvania Station Area Civic and Land Use Improvement Project, a mixed-use redevelopment plan for Pennsylvania Station and the surrounding midtown neighborhood …." (Project).
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