Children’s Magical Garden Sues Developers to Seize Remaining Parcel at 157 Norfolk Street
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Nearly a year after the HPD delivered its parcels to the beleaguered Children’s Magical Garden, the green-thumbed members collectively filed a lawsuit in New York Supreme Court asking to be declared owners of the one non-city-owned parcel – 157 Norfolk Street. The paperwork was submitted to the city yesterday, and also seeks an unspecified amount in damages from former owner, developer Serge Hoyda.
However, the Horizon Group is also named as defendant, since it allegedly purchased the property from Hoyda last year. Plans remain on file with the DOB to develop a six-story residential building onsite. (Horizon is behind the mess of cantilevered condos at 100 Norfolk)
The lawsuit highlights the state law of “Adverse Possession,” in which a party has the right to ownership if they’ve occupied the property for at least a ten-year period. CMG is operating under that assumption, and acting accordingly in the case. Members of the community garden, spearheaded by Kate Temple-West, argue that Hoyda had all but abandoned the lot to trash and dealers some thirty years ago.
Below is the lawsuit for your perusal: