Children's Magical Garden Clears Legal Hurdle Towards Ownership

LOWER EAST SIDE, NY — Members of the Children's Magical Garden cleared a major legal hurdle in maintaining ownership of the Lower East Side green space with a court ruling that upholds locals claim to the garden, according to the appellate court decision.

Garden members are in an on-going legal battle with former landlord Serge Hoyda and current owner Horizon Group, which aims to transform part of the garden into a residential high rise. The Children's Magical Garden has resided on three long-vacant lots at the corner of Norfolk and Stanton Streets since 1985. The once dilapidated lots house a vibrant community center with programming for children and while the city owns two of the parcels, the third was sold in 2013 to Horizon Group by longtime owner Serge Hoyda.

In 2014, garden members filed a state supreme court lawsuit against Hoyda and Horizon Group for the parcel and unspecified damages. The defendants tried to get the claim thrown out, but last week the appellate court ruled that the garden meets the legal standard to make a case for the land through adverse possession, a state law that recognizes a property claim if the residents have occupied the land for at least ten years.

This means the case can finally proceed to trial. It's a hard won step in the right direction toward preserving the greenery, the garden's lawyer said in a statement to Patch.

“The decision... affirming the adverse possession claim filed by the Children’s Magical Garden upholds its right to protect its land against a misguided developer,” said Benjamin Burry, a lawyer with Sidley Austin LLP, who represents Children’s Magical Garden pro bono. “We are pleased with this decision, which prevents the destruction of this historic and beloved community garden and puts the Children’s Magical Garden firmly on the path to proving its ownership of the property it built and maintained for more than 30 years.”

Head green thumbs with the garden were ecstatic to hear about the court ruling, in which the decision called the situation an "extremely rare occurrence."

"We were thrilled because it was a really thoughtful decision that showed the garden's importance to the community," said Lower East Sider Kate Temple-West, 41, who is the president of the Children’s Magical Garden and has been visiting the space since she was a 19-year-old New York University student. "The magical garden is a place that I have been able to connect to nature and to connect to others, and as a child that was a real medicine for me — I want that to continue for others."

Garden members rallying at the Children's Magical Garden / Photo courtesy of Children's Magical Garden