REUTERS/Lucas Jackson
- A judge in New York's appeals court ruled that a homeless shelter can be built in one of NYC's wealthiest enclaves.
- A coalition of residents and business owners mounted a lawsuit in 2018 to stop the facility's construction.
- See more stories on Insider's business page.
Construction for a homeless shelter set to be located near New York City's Billionaires' Row can move forward, a New York State appeals court ruled on Thursday.
The judge dismissed a 2018 lawsuit by the The West 58th Street Coalition, a group of residents and business owners from the wealthy neighborhood who have been seeking to block construction of the shelter.
The men's shelter is set to be developed in the closed Park Savoy Hotel, and the lawsuit levied by the coalition alleged that the facility would become a safety hazard because the former hotel was structurally unsound.
The lawsuit was dismissed in Manhattan courts in April 2019, with a judge arguing that the building was in compliance with local laws, but a Manhattan appeals court reinstated the suit months later, calling for further hearings.
"Upon concluding that an authorized agency has reviewed a matter applying the proper legal standard and that its determination has a rational basis, a court cannot second guess that determination by granting a hearing to find additional facts or consider evidence not before the agency when it made its determination," the state's highest court said.