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Bike Lane Opponents File Appeal in Prospect Park West Lawsuit

Posted By Noah Kazis On September 27, 2011 @ 12:08 pm In Park Slope,Separated Bike Path | 37 Comments

They’re back.

Opponents of the Prospect Park West bike lane filed an appeal in their unsuccessful lawsuit [1] against the city yesterday, hoping for a second chance to rip out the safety-enhancing redesign [2] or, perhaps more likely, attract a few more months of headlines. As Streetsblog previously reported [3], the bike lane opponents will have even lower odds of winning at the appellate level than they did with their initial lawsuit, which never had much of a shot of victory [4] in the first place.

The motion from pro bono [5] attorney Jim Walden, who despite representing a group called “Neighbors For Better Bike Lanes” is giving quotes to Reuters [6] about why bike lanes aren’t ever practical in big cities, focuses on the legal argument why his clients have a right to appeal and can be read above.

Said city attorney Mark¬†Muschenheim in a statement,¬†”This development isn’t surprising. We are confident that our win will be upheld on appeal. The lawsuit was untimely to begin with, which the Court clearly recognized in dismissing it. The bike path’s installation was an entirely proper, thoroughly considered project that continues to enhance the safety of PPW and remains widely enjoyed by the community.”

We’ll have continuing coverage of the lawsuit as it again winds its way through the court system.


Article printed from Streetsblog New York City: http://www.streetsblog.org

URL to article: http://www.streetsblog.org/2011/09/27/bike-lane-opponents-file-appeal-in-prospect-park-west-lawsuit/

URLs in this post:

[1] unsuccessful lawsuit: http://www.streetsblog.org/2011/08/17/victory-for-safe-streets-judge-rejects-prospect-park-west-bike-lane-lawsuit/

[2] safety-enhancing redesign: http://www.streetsblog.org/2011/01/20/with-the-facts-in-dot-plans-more-improvements-for-prospect-park-west/

[3] previously reported: http://www.streetsblog.org/2011/08/19/will-nbbl-bury-the-hatchet-or-continue-to-wage-war-on-safer-streets/

[4] never had much of a shot of victory: http://www.streetsblog.org/2011/03/23/law-profs-ppw-lawsuit-unlikely-to-succeed/

[5] pro bono: http://www.streetsblog.org/2011/02/24/in-anti-bike-lane-case-gibson-dunn-strays-from-pro-bono-standards/

[6] giving quotes to Reuters: http://www.streetsblog.org/2011/09/26/jim-walden-gets-in-sync-with-the-tea-party-transportation-platform/

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