Memorandum of Law in Opposition to City’s Motion To Dismiss
The City has also filed a Motion to Dismiss based upon the same rational “necessary party”.
Here the City is claiming that Cornell Realty Management was replaced on the Certified ULURP application by CP VI. This is to ensure that CP VI can now fit into the “limited circumstances” category, for as stated above being 1 out of 16 property owners isn’t enough to be a necessary party.
The City however, has failed to produce evidence of this change. No government entity is taking responsibility for making this change, the official records does not reflect this change and it is very possible that this change could not be done due to the procedural guidelines regarding Certified ULURP applications.
The Below table shows all of the Contradictory Evidence and statements.
Table of Disputed Facts
|
ULURP Application |
ULURP Hearings |
Affidavits |
Government Documents |
|
| Cornell was the owner of the small and large sites at the start of the rezoning. |
Yes |
Yes |
Yes |
No (ACRIS) |
| Cornell Crown was the owner of the large site. |
No |
N/A |
No |
Yes (ACRIS) |
| 931 LLC was the owner of the small site. |
No |
N/A |
No |
Yes (ACRIS) |
| Cornell sold off the large site. |
N/A |
Yes |
Yes |
No (ACRIS) |
| CP VI became the new applicant on the ULURP application. |
No |
Yes |
Yes |
N/A |
| Cornell was removed from the ULURP application. |
No |
No mention |
Yes |
N/A |
| DCP put CP VI on the ULURP application. |
No mention |
No mention |
No mention |
No |
| CP VI is the agent of Cornell. |
N/A |
Yes |
No |
N/A |
| Cornell remained the owner of small site. |
N/A |
Yes |
No |
No (ACRIS) |
| Cornell and CP VI had an arm’s length transaction. |
N/A |
Yes |
No |
N/A |
| The $64 million sale of the large site bet. Cornell and CP VI was contingent on a successful rezoning. |
N/A |
Yes |
No |
N/A |
| Cornell and CP VI had a Community Benefit Agreement tied to the large site. |
N/A |
Yes |
No |
N/A |
| Cornell is the owner of 931 LLC and Cornell Crown. |
N/A |
Yes |
No |
No (N.Y. State & Delaware) |
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