Hudson County judge tosses NY Waterway’s Union Dry Dock suit against Hoboken

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A Hudson County judge has dismissed a lawsuit brought against the City of Hoboken by New York Waterway arguing that they had all the necessary permits to use Union Dry Dock “for maritime industrial purposes.”

“The relief being sought here is extraordinary, unnecessary, and inappropriate. It’s extraordinary because it asks this court to brush aside statutory procedure for land use administration and make an unprecedented ruling that local zoning is preempted by waterfront development recognitions,” stated Chris Miller, an attorney representing Hoboken in the matter.

“It’s unnecessary because Hoboken’s regulations do not prohibit the specific work items that are authorized a permit or conflict with relevant regulations. And it’s inappropriate because it calls for the court to interpose at an early stage before the planning board is given its due opportunity under land use law.”

The hearing, which lasted about an hour-and-a-half, took place in front of Judge Jeffrey Jablonski, with Mayor Ravi Bhalla and many NY Waterway officials looking on.

Back in December, the U.S. Army Corps of Engineers issued a permit to allow NY Waterway to use Union Dry Dock as a ferry maintenance and refueling station, though the city issued a stop work order permit two months later.

According to Anthony Bocchi, an attorney representing NY Waterway in the matter, the latter was an example of the city playing politics and doing whatever they could to impede the transportation company’s progress.

“We start to conduct the work. What happens? The mayor shows up himself at the site and posts a stop work order notice on the site and we get a very nebulous letter that says ‘you have changed circumstances’ with respect to the work that you were doing,” he explained.

” … That’s another instance of we’re told we can do something, we do something, and then thereafter, that is revoked and the mayor himself posts a stop work order and we don’t get any explanation. That is in tandem with the electrical permit. That is in tandem with the public statements that have already been made, that is in tandem with the police showing up like the gestapo watching the site, saying you can’t do these things.”

At the end of the day, Jablonski felt that NY Waterway had failed to prove they had sustained any irreparable harm since they could continue to do business and obtain permits with Hoboken on an as needed basis.

“I do not find that the police and public statements made on the behalf of Hoboken …[shows] the statutory and administrative process that Hoboken is required to have will not be afforded to these applicants,” Jablonski ruled before dismissing the case.

Immediately after the hearing, NY Waterway Arthur Imperator said that “the court has spoken and we will comply.” He declined to comment further.

Additionally, Bhalla predictably applauded the court’s “sound decision” and called on NY Waterway CEO Arther Imperatore to apologize to the Hoboken Police Department for Bocchi’s characterization of them.

“As we’ve said all along, New York Waterway manufactured the claim of a ‘regional transportation crisis’ without Union Dry Dock and I’m thankful the Hudson County Superior Court characterized the claim as ‘unsubstantiated.’ Hoboken remains committed to acquiring Union Dry Dock for public, open space, and I’m thankful this decision puts us one step closer to making this a reality,” Bhalla said in a statement.

“ … I strongly condemn the sickening comparison between Nazis and the Hoboken Police Department. This inflammatory language has no place in a court of law or anywhere else in society, and Mr. Imperatore owes the Hoboken Police Department and our City an apology.”

Hoboken Police Superior Officers Association President Lt. John Petrosino called the comparison “offensive and insulting” and also demanded an apology.

Furthermore, 2nd Ward Councilwoman Tiffanie Fisher said “every victory matters when it relates to protecting our waterfront and this one gives us a little more time to find a better alternative. Great outcome.”

A spokesman for NY Waterway did not immediately return an email seeking further comment.


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77 COMMENTS

  1. This is really a nothing burger. NY Water Way will continue the process of continuing to get required permits. All this ruling does is say Union Dry Dock and NY Water Way can’t circumvent the process by taking a short cut.

    • Yes but Ravi Bhalla declares victory once again. Don’t you see what’s important here?
      Declare victory as UDD continues its conversion and Hoboken can’t stop it.
      These declarations of victory by Ravi are getting boring. Who in Maxwell Place is fooled?

    • Thank you for weighing in so folks could understand your extraordinarily valuable perspective. Obviously NYWW spent the time and money to bring this lawsuit just for fun, without caring a hoot whether they won or lost. The City shouldn’t have even bothered to defend the lawsuit since even though it won, it doesn’t really matter. Right?

      I guess the City winning today doesn’t matter any more than it mattered when Fisher, Giattino and DeFusco refused to vote on ED until after the sale of the property closed

      Their political grandstanding was stupid, irresponsible and indefensible, but if the City succeeds in ultimately acquiring the property despite their politricking, it will be no harm no foul.

      Don’t you agree?

      • LL can you walk us through what you think would have happened if the threesome(wasn’t it Cunningham too?) had voted on ED? Would it have stopped the sale altogether? I remember hearing that people thought the sale would go through no matter what because NJT was there but was never sure what to believe.

      • “if the City succeeds..” No ED would work in 2017 or now. Stop with the Big Lie! You’re so full of shite. Dawn Zimmer said no to buying UDD. Thee end.

    • Hey Kurt, did Tiffanie and Jen tell you to write this? When you function as their puppet, do they give you bullet points or actually write it for you?

      And before you respond by calling me a Ravibot, please confer with Mamas Giattino and Fisher to make sure you respond with exactly what they want.

        • The actual context here – both legal and political – is quite a bit more complex than your “obvious observation” so it is more indicative of your limited understanding than anything else.

          I would be concerned of Councilmembers like Giattino and Fisher were as clueless as you, so hopefully you are being candid when you say you aren’t conferring with them.

        • How dare you offer a summation in the comments section. Nancy Cave Stinkus says no First Amendment rights for you! What a nasty POS hypocrite.

        • You say Russo Lover. Your friend says Ravi has a slate with Russo. At other times he says Russo picked the slate.

          Do either of you have any foundation for those remarks since you repeat them endlessly? Or is it the same was with the flyer?

          There’s nothing new about not running someone in the 3rd. Zimmer didn’t either. No one called her Zimmer lover. The other shred of whatever is the repeated tidbit that Anthony Russo was allowed to visit city hall. And Cricco-Powell must be corrupt because her family, who have lived here forever, are claimed to be friends with the Corea family, who have lived here forever. More cowardly garbage.

          That’s it? Make your case like a man instead of tossing innuendos around all the time.

          • “The other shred of whatever is the repeated tidbit that Anthony Russo was allowed to visit city hall.”

            Anthony Russo wasn’t “allowed” to visit City Hall. City Hall is closed on Jan. 1. The King of Corruption Anthony Russo was Ravi Bhalla’s guest of honor as his first order of business in the mayor’s office when Ravi Bhalla sworn into office. Anthony Russo is a special guest in a very special Ravi-Russo deal!

            Mikie Russo is publicly bragging he struck another deal where Ravi Bhalla wouldn’t run a candidate against him. If he is wrong, just issue a mayor’s office press release rescinding the agreement. LOL!

          • Russo was a much stronger candidate in 2015, not so now. There also is a another candidate running that is/was an obvious choice for the Bhalla slate.

          • You have absolutely nothing. You say Ravi-Russo all day long but have have a flat zero to back it up. No one is surprised anymore. You also believe Ross Perot left $100million to his 11 children when he only has 5. You fall for every crazy idea that comes along if it matches your biases. You’re the opposite of a journalist. Go look for scooters and publish some more press releases from Mike and Ruben. Something you’re good at.

          • you should learn to read.

            The Ravi-Russo evidence is irrefutable.
            All you did was see it further highlighted. Now go do some work.

          • You provided literally nothing of merit and then say it is irrefutable. It’s only irrefutable because there’s nothing worth refuting. It’s crap.

            Go do some work? What, like the work you’re not doing? Your work is down to fomenting rumors and publishing press releases from Vision Media. At least so long as VM doesn’t mind having a total wing-nut handle their publicity for self-described democrats. Have Perot’s other six kids been found yet? Trump is waiting for that money. You’ll let us know. That’s your specialty.

          • You want more? Because I can go on busting up your cult of personality diety all day. How does it feel to be proven wrong about Ravi? Before the Ravi-Russo Alliance, there was the New Jersey Supreme Court censuring the theft of thousands of dollars from an employee. Lucky for him, that notice didn’t hit the streets before Election Day.

            You sure know how to pick’em. Maybe stick to the marine floor scooping up the trash. That’s where you buried yourself.

  2. Great work by the City of Hoboken to defend the public interest. This refueling station will never happen. Cut your losses New York Waterway. You are not wanted here.

  3. Somehow it seems fitting that the Arthur Imperatore Sr. the owner of New York Waterways used to live in the Fort Lee multimillion-dollar mansion of Mafia don Albert “Murder Incorporated” Anastasia

    • Public Service Announcement (PSA): “Bad Phil” is Kurt G.

      Kurt pretends he is recuperating from his stroke, while he spews over here like the Mount St Helens of Pre-pubescent Vitriol. Yes, Kurt G is “Bad Phil”– he has left digital fingerprints all over my site. Now you all are informed that when Kurt claims he only posts under his known screen name, he is lying like a rug.

      Whoever wishes to drive traffic to my site (even slugs like Kurt), that’s okay with me! Enjoy the article!

      Hey everybody (except Kurt) have a great day!

      • The guy is recovering from a stroke you scummy dirtbag!

        See everyone, don’t go to the Nancy Stinkus cave site. This is what she does.
        She collects and shares personal information. She may be wrong about Bad Phil but she believes she has collected Kurt’s data. She’ll do this to everyone!

  4. NYWaterway couldn’t be more wrong with its ham fisted attempt to make this property their diesel depot.

    Work with the city of Hoboken and move the site. The people don’t want it here. Your lawsuit didn’t work. You need the city to be your partner for this to actually happen. Stop wasting money and time and do the right thing.

  5. The city council Voted for union dry dock after the election and then had to rescind the vote anyway. What difference would a few week make anyway. Answer None.

    • Oh snap, you stated an obvious fact. NYWaterway bought UDD in 2017 with NJ Transit and its eminent domain powers superior to Hoboken.

      Prepare to be assaulted with all kinds of name-calling and ugly references to being a stroke victim. Because that’s how Lindastan, Nancy Stinkus, and the mayor’s office roll!

      • Nancy Stinkus is at best a 4th grade level attempt at humor which you find the need to use numerous times a day. You can’t imagine, you literally can’t imagine how everyone looks at you now.

        • Ah, the narcissism of the self-absorbed strikes once again. It’s always poor Nancy the victim even when she and her a$$hole Ravi-Russo corruption lovers mock a stroke victim because he wrote a few words they didn’t like about UDD. Sick effers!

          • No. It has nothing to do with anyone’s victimization or even UDD.

            It has to do with a grown man who can’t find a better way to express himself than Stinkus, a$$hole and sick effers. And when anyone calls you on it, you just pile on more instead of trying to sound anything at all like the “senior institutional political writer for Hoboken” which you laughably claim to be. Forget about everyone else. Where are YOUR standards for yourself?

          • Oh, look the self-proclaimed “voice of decency” from the very same a$$holes who mock a stroke victim.

            I was incorrect you don’t stink, you suck!

          • I have absolutely no idea who mocked a stroke victim or who the stroke victim is or when or where any of that took place. None.

            But that’s your childishness in a nutshell. Adults don’t say to themselves “well as long as someone somewhere does worse than me, I can do what I want.” But you’re not an adult. So long as you can find any objectionable behavior out there ANYwhere, you feel justified in carrying on like an under-supervised 9 year-old boy using mommy’s internet connection … who also wants to be thought of as the “senior institutional political writer for Hoboken.”

            I’m sure by now you can see what a joke that’s taken to be. Or maybe you can’t. Yeah, you probably can’t. Never mind.

          • Oh, you ‘don’t know’ who mocked a stroke victim, so you’ll ignore it. Gee, how did such a sorry moral fate befall you, the arbiter of Mile Square commenting? Maybe you should go play politically correct Kapo at the Cave. Join the campaign of lying hyenas is more your speed. What a contribution you’re making!

      • Mr/Ms. E.Gads,

        You are off by 2 grades! I distinctly remember waiting for the school bus in Jackson Heights, Queens and the boys throwing snowballs at the girls– the boys called me “Stinkus!” I was in 2nd grade, not 4th. By 4th grade, the boys had matured.

        Listen, Kurt, Roman, et. al. believe name-calling bothers me (it doesn’t.) These are adult 50-something single men who are socially (possibly sexually) dysfunctional– we can all see that. They can’t.

        Lastly: the person commenting as “Kurt is Tiffanie and Jen’s B*tch boy” is NOT me. You may ask John Heinis. I am only commenting on this site as “GA” until the election is over. My observation: the bench opposing the Dark Side slate has deepened.

        Have a great day, everybody!

        • Yeah, I believe that.

          From the person who can’t stop lying about everyone that she has to leave her scummy cave site to litter this one with more of her ugly self. She calls that a deeper bench for Team Ravi-Russo.

          Enjoy your pathological lying, sexual, mental dysfunction Nancy!

  6. Is drunk driving OK as long as no one gets hurt? In case that went over your head – it was a rhetorical question.

    The bottom line is that, despite receiving a detailed memo from Mayor Zimmer making clear the urgency of the matter, Fisher, Giattino and DeFusco put politics first and refused to act expeditiously. As a result, the property changed hands before the City acted.

    Did that ultimately damage the City’s ability to protect it’s interests? Perhaps not. Maybe even probably not, but there’s no way to know for sure. It’s the path not taken in an extremely complex legal and political dance.

    What we do know for sure is that there was no legitimate public policy reason for the delay, and if it didn’t actually do any lasting harm that was no thanks to the three councilpersons. The three of them were on notice that since no one then knew exactly what was going on with the property, delay could hurt the City, and the three played politics with the City’s vital interests. Their actions were indefensible then, when no one knew what was really going on, and they are even less defensible now that we do know.

    Since you and they can’t defend the indefensible, you and they keep trying to deflect by insisting the City would be in the same place had they done the right thing, so doing the wrong thing somehow wasn’t really wrong. Let me simplify the issue for you – wrong is wrong. Period.

    How hard would it be for Fisher, Giattino and DeFusco to simply acknowledge the obvious and say something like:

    “I was wrong to delay the vote on ED for political reasons. I acted based on my mistaken belief at the time that Mayor Zimmer was trying toanufacture an issue to help Ravi Bhalla in the upcoming election. While I do not believe my mistake ultimately prejudiced the City’s position, I recognize that it could have. I sincerely regret my mistake, and have learned from it.

    Of course, if they had the honesty to acknowledge their mistakes and the self awareness to learn from them, they wouldn’t be Fisher, Giattino and DeFusco.

    And if you had the ability recognize and understand reality and accept it even when it differed from the self serving stories you and the other two club members concoct, then you wouldn’t be you.

    • “Perhaps not. Maybe even probably not.” You have nothing. That’s the reality.
      Zimmer didn’t even claim it was an urgent matter in 2017. Dawn Zimmer said “no” to UDD.

      Dawn Zimmer could go out with some charm and just tell the truth.

      “People say I didn’t purchase UDD in my eight-plus and years as mayor. This is obviously true. Hoboken needed new water pipes and Washington St. and I didn’t want to meet the asking price in the double digits of millions for Union Dry Dock. People want to point fingers but it was my decision, not the city council. I made the decision and it was the right decision. Rather than blame others when NJ Transit made clear its eminent domain powers held sway over any by the City of Hoboken in 2017, I would ask people to understand why I didn’t want to cough millions for a small parcel of land occupying little of our public waterfront. I recognize people think I’m being political because I backed out of the mayor’s race to insert Ravi Bhalla but that’s politics. I will say nothing more on this as I have to catch a boat to China and stop global warming as promised.” – Dawn Zimmer

  7. Nancy – You are a sick person. I am indeed recovering from a stroke, and guess what Jen and Tiffanie have been there every step of the way. I does not matter what their political view are they are simply good people unlike yourself.

    • We are all dying from the moment we are born, you are only victim of your own cruelty to others. Ravi was nice enough to contact you in the hospital, and your are right back to attacking him, you duplicitous jerk.

      Re: Jen and Tiff: Perhaps if you wrote limericks about their deceased pets like your mocking limericks about my deceased cat after you fished her photo of of Facebook– called me a “cat killer” while mocking my physical appearance– perhaps if you had done that to Jen and Tiff they would not have “been there every step of the way.” Tell me, what does my cat have to do with Hoboken politics? You aim was cruel–to hurt me personally, nothing to do with Hoboken politics. Now, that is SICK. Actually, folks who read your stuff used more colorful language.

      Do not use your HEALTH as an excuse; you are healthy enough to spew vitriol and name-call here under multiple screen names. How come you let Roman take all the heat for that racist photoshop?

      NO SYMPATHY FOR THE DEVIL. Have a great day!

      • But You are are a-cat killer Nancy you are. What vitriol have I spewed recently other than point out the facts on union Dry Dock. The lawsuit still remains a nothing burger. As far as Ravi is concerned yeah he reached out to me so what? I will point out where I disagree with him as is my right.

        Again the photoshop is not mine. Stop insisting that it is.

        I am not using my health as an excuse.but I don’t have use of my right hand but it is slowly coming back.But continue to play the victim. It is the only play you have left.

  8. It must be more than a little embarrassing for Councilwomen Fisher and Giattino to have one of their friends and political allies posting this sort of vile rhetoric. They can legitimately feel sorry for him but unless they either refute or have him stop the never ending flow of bile from him they are endorsing his bad behaviour.

    • Fisher is not embarrassed she still asks people to fund the internet goon squad site and Giatinno as usual does what she is told and even has girls+ Kurt lunches.

  9. Castellano’s son just got hired as a cop. 1 single special hire/ transfer from the Hudco Sheriff’s dept.
    No wonder Russo’s are with Ravi
    He couldn’t get hired when Zimmer was here, now Ravi made it happen. No judgement on the kid, but all the questions go to Ravi and Russo cousin Castellano. explains Uncle George and Couzin’ Terry who hated Ravi and Dawn are now so far up Ravi’s ass they had to remove their shoes.
    I do fa you, you a do a fa me.. capeesh?

  10. Assemblywoman Annette Chaparro, Former 1st Ward Councilwoman Terry Castellano,
    1st Ward Committeewoman Eileen Carvahlo all “wholeheartedly endorse Migdalia Pagan-Milano for the 1st Ward Council seat.”

  11. It is not defamation to say you are a cat killer when you overfed your cat. Feline obesity is real killer. Look it up. You didn’t even trim your cat properly and he had knots.

    • You horrible, sick, libelous bastard. As I had told you offline, my cat had CANCER. She was NEVER overfed. She was NEVER overweight. When she succumbed at age 14 she was thin and weak. She was a member of my family for 9 years and we loved her. My daughter saw what you wrote and it upset her greatly- you miserable, heartless freak. How dare you. FAMILY, pets included, are off-limits. You appear to have none because you are a sick freak.

      Killing animals is a crime. Your knowingly false and malicious statement is actionable defamation. Since you have doubled down, you can bring your PROOF to court.

      • Overfeeding is a known killer. It’s not good for long hair or unwashed fritzy hair.
        It’s no excuse for attacking a stroke victim and calling him “Stroker Ace.”

        • You mean she should quit talking to herself… she’s a lonely loser who lives in a cave with nothing but an love FOR Ravi and hate towards honest people like Jen and Tiffanie.
          She’s a disgusting cave dweller and paid political operative.

        • Too late, Nancy already pigged out and then some calling a stroke victim “Stroker Ace.” That’s okay right John? Well, you’ll see how it turns out when Ravi Bhalla shoves some big union development skyscrapers for you to look at in the sky. Too bad. You choose poorly.

    • One more: my cat was not a “he” which is proof you don’t have your facts. How the hell would you know if “he” had knots- you never groomed “him.” You are deranged.

      • Nancy, you’re the one who is so sick and twisted you attacked a stroke victim because he simply stated he didn’t see any status changing at NY Waterway. That’s all he said and you went and called him “Stroker Ace.” Then you attacked him again over his First Amendment speech on the public matter. Disgusting.

  12. Let’s hear it for Mikey he has brought together all the different groups of Hoboken’s First Ward. Thirsty, self promoting, narcissistic, crooked Mike over the last years of managed to alienate most of the real residents that could keep him on the Council. He continues to sell them out to anyone who has a buck to put in his pocket from bar owners, pot shops, developers, scooter companies and county bosses wanting to get their hands on a piece of hoboken. They have all given him tons cash to hire a staff of public relations companies to bash anyone who dares speak against him and try to buy Seniors votes with trips and shows now that the cash for votes scams have hit the fan.

    • Look at Nancy or those Ravi-Nancy inspired political operatives go. Ravi Bhalla needs to denounce Nancy and anyone attacking a stroke victim. Every decent person in Hoboken would support Mayor Bhalla for doing the right thing.

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