Prospect Park West Bike-Lane Lawsuit: The Sequel

Here we go again! Yesterday Streetsblog reported that the opponents of the Prospect Park West bike lane had filed a motion to appeal a Brooklyn Supreme Court judge’s decision in August to dismiss the initial suit against the lane. Most of the motion is taken up with language about why an appeal is “procedurally appropriate,” though this bit seems to be the meat and potatoes of the basis for the appeal: “Specifically, an appeal will permit review, in light of the case law mandating that statute of limitations disputes be construed against the agency asserting the defense, of Petitioners’ evidence that the PPW bike lane was installed on a ‘trial’ basis, and that Respondents did not decide to permanently install the lane until January 2011. The questions to be raised thus involve sharply disputed factual and legal issues that merit appellate consideration.” In other words, the opposition groups Neighbors for Better Bike Lanes and Seniors for Safety are looking to revisit claims about when the city decided to install the lane permanently. Streetsblog also has a quote from a city attorney saying “We are confident that our win will be upheld on appeal.”
Bike Lane Opponents File Appeal in Prospect Park West Lawsuit [Streetsblog]
Judge Dismisses Lawsuit Against the PPW Bike Lane [Brownstoner]