Brooklyn Daily Eagle
On Thursday, the state Supreme Court, Appellate Division, Second Department, reversed the lower court’s statute-of-limitations dismissal and ordered a factual hearing on whether or not the Prospect Park West bike lane was installed on a trial or a permanent basis.
The bike lane is somewhat controversial because it is a two-way lane. Advocates say that it has already slowed down traffic on Prospect Park West, previously characterized by dangerous auto speeding.
However, opponents, namely the petitioners Neighbors for Better Bike Lanes and Seniors for Safety, maintain that the two-way bike lane has made it dangerous to cross Prospect Park West.
When the petitioners initially filed their lawsuit in March 2011, DOT maintained they’d filed too late, since the law requires filing of challenges to an agency’s action within four months of the “final” decision. DOT said the final decision to create a permanent bike lane was made before it was installed in 2010, but the petitioners maintain that the lane was at first installed on a trial basis.