Court rules city within right to revoke a use of Atlantic Ave. subway tunnel
The Brooklyn Historic Railway Association (BHRA) is still prohibited from using the long-abandoned, circa-1844 Long Island Rail Road (LIRR) tunnel under Atlantic Avenue as part of a historic preservation effort, an appellate court has ruled.
The justices of the Appellate Division, 2nd Department, ruled against BHRA in a contract dispute with the City of New York, finding that the city had clear authority to revoke BHRA’s license and thus did not breach any agreement between the two parties.
Last week, a panel of four Brooklyn appellate justices unanimously voted against BHRA’s claims that the city breached its contract and committed acts of fraud when it canceled two agreements that allowed the association to use and maintain a half-mile subway passage under Atlantic Avenue.