Catskill Bulldozers Threaten Buildings, Citizens Rights
by Deborah Meyer DeWan and Warren Reiss
The struggle to save historic buildings in the Village of Catskill may reach the state's highest court this spring as a citizens group barred from bringing a claim against Greene County to stop demolition of the structures asked the New York State Court of Appeals to hear the case.
Over the past year, two separate lower courts have denied "standing" to the Save Our Main Street Buildings Committee. Standing - the right of citizens or other groups to bring environmental lawsuits against the government - was established by Scenic Hudson during its fight to stop Con Edison from building the world's largest pumped-storage hydroelectric plant on Storm King Mountain.
A case with severe implications for citizens rights, the committee's appeal has captured the attention of New York State Attorney General Eliot Spitzer and a coalition of prominent regional, statewide and national organizations. Filing briefs in support of the committee are Attorney General Spitzer, Scenic Hudson, the Preservation League of New York State, the National Trust for Historic Preservation, the Catskill Center for Conservation and Development, and the Municipal Art Society.
A Small Group of Thoughtful, Committed Citizens
It all started on a steamy summer evening last July when 14 residents gathered on a porch in Catskill and resolved to fight Greene County's plan to raze 10 historic Main Street buildings to make way for parking lots and a new county office building.
Although the buildings are in the nationally designated East End Historic District, and include a structure designed by Hudson River School of Art founder and early Catskill resident Thomas Cole, the county dismissed their significance and approved a plan for removal. The county did a cursory environmental review, declared that the project would have no significant impacts on historic resources, and vowed to press ahead with eminent domain proceedings, seeking to break ground before it froze.
Nearly a year after that front porch gathering, thanks to the courageous and tireless action of this grass-roots group, the buildings are still standing.
Dedicated and persistent, the committee garnered contributions from more than 100 people. They raised nearly $10,000 for a legal fight and gained support from an impressive array of regional and national organizations.
 |
 |
Representatives of organizations fighting to save historic buildings in Catskill gathered at a recent press conference in Albany. |
Scenic Hudson's Riverfront Communities program began working with the committee to illustrate alternative plans for the project. The group continues to reach out to county officials, business owners and community leaders to craft an alternative that will achieve the goal of providing a much-needed facility while preserving the irreplaceable historic fabric of this quintessential Hudson Valley riverfront village.
Fighting for a Day in Court
In fall 2001 the committee filed a lawsuit challenging the county's environmental review and began seeking support. They gathered letters from architectural historians, preservationists, main street advocates and environmental organizations.
Concerned about the potential precedent-setting challenge to citizen standing and the threat to our National Heritage Area, Scenic Hudson, the Preservation League of New York State and the National Trust for Historic Preservation filed a joint friend-of-the-court brief in support of the committee.
Unfortunately, in September 2001 the initial court challenge was dismissed by the Greene County Supreme Court, which held, surprisingly, that the plaintiffs lacked standing to bring the lawsuit. This despite the fact that the plaintiffs live and work in the historic district in question.
After this rejection one resident commented, "We're at a critical juncture. Do we retain a community sense of place, or does downtown become little more than a center for county business and parking lots?"
The group then filed an appeal with the New York State Appellate Court. In April the Appellate Court upheld the lower court's decision, dealing a blow to citizen standing and environmental protection in New York State.
View full size image. |
|
Scenic Hudson's Concept shows how Catskill can increase parking without destroying historic buildings. |
Eroding Citizens Rights
In recent years a number of judicial decisions have begun to chip away at the cherished right of standing, with Catskill being only the most recent example. That is why Scenic Hudson and others have intervened in this case, hoping that the Court of Appeals will reverse the lower court rulings and ensure the right of standing.
Although the final fate of these buildings is unknown, like Rip Van Winkle, whose statue stands at the gateway to Catskill's Main Street, the people have awoken.
Noted Bob Jacobson, co-chair of the Save Our Main Street Buildings Committee, "Win, lose or draw - we gave the people in Greene County enough breathing room to think about the project. We stopped the steamroller."
The very foundation of the rights of citizens to protect environmental and cultural resources is hanging in the balance. Scenic Hudson is encouraged by the interest the case is generating from leading organizations. We must all work to ensure that the tremendous gains made by the modern environmental movement are not diminished. |
|
|
 |
 |
| Historic buildings in Catskill's East End Historic District, including a structure designed by Hudson River School of Art founder Thomas Cole, are slated for demolition. |
|
)
