Jersey City's own Highline a step closer after Federal Court ruling

A Federal Court has said Steve Hyman has lost his lease! Everything must GO! Everyone knew the Sixth Street Embankment, sold to Hyman from Conrail, was going to end up in the hands of the city of Jersey City. First some backstory:

The previous owner of the embankment, Conrail, sold the property -- which  runs along the south side of Sixth Street from Marin Boulevard to Brunswick Street -- to developer and investor Steve Hyman for $3 million nearly a decade ago.

In 2012, the city and Hyman reached a tentative settlement in which the city would purchase most of the roughly mile-long parcel for $7 million and create a Highline-style park, while Hyman would retain one block. Hyman had wanted to develop the entire property.

So to court they went, Hyman and Jersey City, Jersey City and Hyman. Most knowing full well who was going to prevail. Wednesday a panel of federal judges agreed with Jersey City that the property was indeed a rail line which to make a long story short would give the city right of first refusal on the land which they would never do. Not Healy nor Fulop. In fact said Mayor Fulop:

"We are committed to this fight and partnership with the Embankment Coalition to create a world-class citywide park in Jersey City."

Hyman stands to get his original $3 million for the property.

Jersey City's own Highline aka "The Johnnyline" is maybe perhaps a possible step closer

Now that the question over whether or not the elevated train line once owned by Conrail is a "spur" or a "rail line" has been decided in the courtroom of federal Judge Amy Berman Jackson. It's a "rail line" which means the City of Jersey City feels that changes the entire ownership of the land.

Here's the kerfuffle in a nutshell:

Jersey City has argued that Conrail should have gone through an abandonment process before it sold the embankment to Hyman and his wife, Victoria. Federal transportation rules require owners of abandoned lines to go through this process before selling, a process that could give the city first crack at purchasing it.

But Conrail had argued that the embankment was a spur, not a line, and so was not subject to the abandonment process. In her Sept. 30 ruling, federal Judge Amy Berman Jackson tossed that argument.

The response from the Hyman's attorney attorney Dan Horgan was expectedly douchey: “It’s one additional step in a process that’s gone on for eight years that’s cost the taxpayers of Jersey City millions of dollars, It won’t resolve itself this year or next year or the year after.”

Dan Horgan everyone with his imitation of the Wicked Witch of the West skywriting "Surrender Fulop" over the Sixth Street Embankment. We think this ruling did get the city somewhere Mr. Horgan. We think this ruling, while it may take a couple more rulings, will be decided in the city's favor. Don't take it from Johnny, oh no, take it from His Excellency Mayor Fulop:

“This is another clear win for the city, and now both momentum and leverage are in the city’s favor. The developer can continue to waste his money and appeal, which we don’t mind at all, but I feel comfortable in the fact that we will eventually have a showcase linear park in Jersey City that the entire city can enjoy.”

Big doings tonight at the Jersey City Council meeting aside from the crime initiative

Could the city FINALLY settle the Sixth Street Embankment issue and give Jersey City it's own High Line? That is the message in today's Wall Street Journal who interviewed several Jersey City officials in the know over tonight's vote on the property. William Matsikoudis, Jersey City municipal attorney, who estimated the city has spent more than $500,000 in legal fees on the battle said "We're one step away from a settlement that will provide a world-class amenity for the people for Jersey City." Councilman Steve Fulop, a supporter of the plan, said he felt the plan would pass.

You can read more about the looooong sloooooow history of the Sixth Street Embankment over at the WSJ.