Update on the Concert Litigation

Dear Forest Hills Gardens Neighbors:

The FHGC Board has filed an appeal following the recent court decision that partially dismissed our lawsuit against the West Side Tennis Club (WSTC). 

While the trial court allowed our nuisance claims to proceed, it dismissed our claims related to trespass, zoning violations, and breach of our restrictive declaration. We believe, based on precedent, that the Court erred in dismissing these claims.

Our appeal focuses on three key points. We argue that:

• We have stated a claim for trespass. The evidence demonstrates that WSTC's concert operations encroach upon FHGC's private streets and sidewalks without authorization, and the flood of concertgoers forces pedestrian traffic onto the streets, obstructing residents' use.

• FHGC has standing to enforce zoning regulations. As owners of the streets and sidewalks directly affected by the Stadium's non-compliant use, we believe, and precedent supports that we have demonstrable "special damages" and the right to pursue legal action.

• The WSTC's commercial concert business violates the restrictive covenant governing all Gardens properties. The concerts are neither a "club purpose" nor a residential purpose, which are the only permitted uses of WSTC's property under the declaration.

The Board remains committed to protecting the quality of life, safety, and property rights of all Gardens residents. Our appeal is but one of the avenues we are pursuing to resolve this dispute in a way that upholds the integrity of our community. While the appeal is pending, FHGC will continue to vigorously proceed with the case before the lower court, and FHGC remains open to reasonable resolutions to this matter.

Here is a link to the filed appeal.

Best wishes for the new year,

The Board of Directors

January 9, 2025