Community Group Scores a Major Legal Lawsuit Victory with the Granting of a Judicial Restraining Order
WHITE PLAINS, NY and YONKERS, NY — November 12, 2020– In an ongoing legal battle between a Yonkers neighborhood group (StopUPS.org) against corporate Goliath UPS planned expansion has resulted in an initial victory the community group.
Westchester County Supreme Court Justice Gretchen Walsh issued a restraining order on Nov 6th against UPS which prevents any on site or off-site outdoor construction of a proposed massive UPS distribution center at 555 Tuckahoe Road, Yonkers. UPS has boasted that this will be the largest UPS distribution in all of Westchester and The Bronx.
Surrounding neighbors representing 2000 households have demanded that UPS prepare an environmental impact statement (EIS) so that UPS mitigates the environmental, health, safety and quality of life impacts on the surrounding residential community. The City of Yonkers Planning Board refused to order UPS to prepare an EIS. The residents have also raised other legal claims against the proposed distribution center.
StopUPS.org founder, Clare Gallagher commented, “We are very grateful that Judge Walsh has listened to the concerns of our neighborhood and issued a restraining order. We have already been choked by fumes, awakened at 2:00 a.m. and felt shaking and vibrations from heavy machinery during the construction process. The facility has not even opened yet and the City of Yonkers and UPS ignored us. We do not want to deal with horrendous traffic or be awakened at all hours of night for the next 25 years. No other business that previously operated on this site has ever been 24/7 or as intense an operation as what UPS is planning to run. We have a right to the peaceful enjoyment of our homes and neighborhood.”
The restraining order will remain in effect until at least Nov 30 at which time residents will seek a long-term injunction against UPS at a Court hearing. The restraining order against UPS is believed to be the first time a Court anywhere in the US has stopped UPS from constructing a distribution center.