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Judge holds fate of new stadium

By Bryan Schwartzman

A hearing in State Supreme Court March 22 will decide whether or not the city can complete its construction of a Mets minor league 3,500-seat stadium on the St. John's University campus.

State Sen. Frank Padavan (R-Bellerose) and state Assemblyman Mark Weprin (D-Bayside), who already had filed a lawsuit claiming the ballfield violated zoning laws, Tuesday brought a second suit arguing the city grossly minimized the scope of the project on its application for a building permit.

According to a court order signed by State Supreme Court Justice Charles J. Thomas, a hearing was scheduled for March 22 in Queens on the politicians' request to have Queens Building Commissioner James Leonard to issue a stop work order.

Observers said if the judge issued a work stoppage order, it could prevent the stadium from being finished by June, when the Mets begin playing, and derail the project altogether.

Padavan said last week he had obtained a copy of the building permit, which stated the total cost of the ballfield would be $100,000, but he said the actual cost is more like $6 million.

As of press time, the Mets organization could not be reached for comment and the city's Economic Development Corporation said it was still reviewing the suit.

Last week members of Community Board 8 overwhelmingly voiced their opposition to the Mets minor league stadium at St. John's, but stopped short of joining a lawsuit aimed to halt the project.

More than 150 area residents packed the board meeting March 8 at the United Cerebral Palsy Center in Jamaica Hills as the majority of them urged the board to pass a resolution opposing the project.

The turnout, which was far greater than the crowd that normally attends community board meetings, followed a demonstration the previous Sunday at which 300 people protested across the street from the university against construction of the ballfield.

Two weeks ago, Mayor Rudy Giuliani told scores of angry residents at a town hall meeting in Hollis that the project was a done deal and there was nothing they could do to change his mind.

But Padavan, Weprin and several organizations, including the Queens Civic Congress, filed a lawsuit in State Supreme Court, charging that the $5.5 million plan to house a minor league team on the St. John's campus constituted a violation of city zoning laws by placing a purely commercial venture on the campus.

“I would like you to adopt a motion to join us as a plaintiff in the lawsuit,” Padavan told the Community Board 8 members. He said the board is a body that represents the community and would therefore be an important addition to the lawsuit.

Board member Seymour Schwartz said with social services being continually cut, the city should not be spending taxpayer money on baseball fields.

“The arrogance of the mayor and St. John's in this case is intolerable,” said Schwartz during the discussion over the stadium.

The board resoundingly passed a resolution against the stadium, with 31 members voting for the motion and one against. Two members abstained.

The board's vote is largely symbolic since it did not come as part of the land use review process during which the board normally makes recommendations on construction plans.

The Mets' proposed ballfield was not subject to community or City Council review because a baseball field already exists on the St. John's campus

The board then spent nearly an hour debating whether it had the authority to join a lawsuit against city government of which it is part.

“Our attorney says we shouldn't do it, and I think we should listen,” said board member James Gennaro.

Padavan had cited a precedent in which Brooklyn's Community Board 14 joined Borough President Howard Golden in a lawsuit against the city.

Originally the city EDC and the Mets organization eyed the Parade Grounds in Brooklyn's Prospect Park as a temporary home for the Mets minor league team, but this plan met with opposition from Golden in January.

After the heated discussion over whether CB 8 should sign onto the lawsuit, Padavan said he did not want to create controversy and tension between people who basically agree with each other. He said he would use the board's motion against the stadium as part of the law brief, which would have an impact on the case.

Rory Lancman, who is running against Padavan on the Democratic line, said in an interview after the meeting that the city and university decided to go ahead with the project in part because state legislators, Padavan included, had shied away from taking on the school in the past.

“This lawsuit should have come earlier,” Lancman said.

Padavan said Lancman's comments did not deserve a response, but added that he had only known about the plan since early February and put the lawsuit together as soon as other options were exhausted.

After the meeting, a St. John's representative released a statement saying “we are confident that the court will determine that the construction of the field is appropriate.”