Judge Lets Court Street Bike Lane Live ... For Now - Streetsblog New York City

"The new protected bike lane on Court Street will live to see another day, after a Brooklyn judge on Thursday declined to halt work on the project at the request of local businesses who sued the city. The redesign is almost entirely finished, rendering a temporary restraining order pointless, said Supreme Court Justice Inga O'Neale, but the legal eagle will still hear arguments for and against the revamp and decide on the fate of the redesign by the end of the year."

"The jurist's decision responds to last week's lawsuit by the Court Street Merchants Association that sought to undo the Department of Transportation's redesign via the state law known as Article 78, which allows people to challenge state or local government actions. Many such cases are filed under the claim that the city Department of Transportation is not empowered to create bike lanes and other road safety improvements, but they almost never succeed because, indeed, the city does have that power."

"In this case, the city asserts it has the power to remove one of two vehicle lanes from Court Street between Schermerhorn Street and Hamilton Avenue, to add a parking-protected bike lane and increase safety one of the most dangerous streets in the borough. The agency also added painted pedestrian islands and banned parking close to many corners to improve visibility, a safety feature known as daylighting."

A Brooklyn judge declined to issue a temporary halting order and allowed work on the Court Street protected bike lane to continue because the redesign was nearly complete. A hearing will occur and a final decision is expected by the end of the year. The Court Street Merchants Association filed an Article 78 lawsuit challenging the Department of Transportation's authority and claiming the redesign would harm businesses and safety. The city asserts authority to remove a vehicle lane, add a parking-protected bike lane, install painted pedestrian islands, and implement daylighting. Construction began Sept. 11 and the lane is largely functional.

Read at Streetsblog