Emery Celli Brinckerhoff & Abady LLP
 
City Charter Litigation

The Firm was instrumental in the creation of the 1991 New York City Charter. Richard Emery brought the lawsuit, Morris v. Board of Estimate, in which the U.S. Supreme Court declared the Board of Estimate unconstitutional on “one person/one vote” grounds, resulting in the restructuring of New York City government under the 1991 New York City Charter. Since then, the Firm has become well known for its knowledge and expertise in Charter litigation, involving all aspects of litigation between branches of New York City government and its agencies.

  • In Green v. Safir, the Firm represented New York City Public Advocate Mark Green in a successful bid under the City Charter to access records withheld by the New York City Police Department.

  • In Council v. City of New York, the Firm represented the City Council in a dispute with the Mayor over the power to control cable franchising agreements in New York City. The case was litigated all the way to the Court of Appeals and resulted in a definition of the City Charter that will in the future permit the New York City Council to have more authority over the cable franchising process.

  • In a case brought pursuant to the Uniform Land Use Review Process set forth in the City Charter, the Firm currently represents the New York City Council, Friends of the High Line, and a group of developers, architects, government officials, and Chelsea and Greenwich Village residents in their effort to turn an unused elevated rail line on the lower West Side into a public promenade. Our representation of Friends of the High Line has required aggressive litigation in state trial and appellate courts and careful coordination with political and public relations strategies to achieve the desired result.