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Property Law Keyed to Dukeminier
Fisher v. Giuliani
Facts
This is an appeal involving a challenge to zoning amendments affecting the Manhattan Theater District. The petitioners allege that the City was required to prepare an Environmental Impact Statement prior to implementing changes to the New York City Zoning Resolution (ZR). In 1983 New York City amended the ZR in response to the destruction of several theaters creating a new “Theater Subdistrict” that restricted the demolition of designated theaters and attempted to make them more viable by permitting the transfer of development rights to nearby parcels. The 1998 amendments authorized the transfer of development rights from designated theaters to receiving sites anywhere within the Theater Subdistrict and included an as-of-right transfer mechanisms and zoning incentives. The DCP examined several environmental factors such as the density of particular sites and the impact on traffic, air quality and transit.
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