Lower East Side locals in New York City have reason to celebrate as they have successfully regained full access to a beloved community garden after a challenging legal battle. The Children’s Magical Garden, a cherished space for children and the community, had been divided in half by a fence erected by real-estate developer David Marom. However, a recent settlement in Manhattan Supreme Court has allowed the garden’s supporters to regain control of the other half of the lot, putting an end to a decade-long dispute.
Marom, the president of The Horizon Group, had originally planned to build a seven-story residential tower on the portion of land he had taken over. The legal battle between Marom and the Children’s Magical Garden involved accusations of him threatening to dump a Porta-Potty in the garden and destroying evidence related to the case. However, the settlement has now resulted in Marom agreeing to donate his plot of land, which he purchased in 2014 for $3.35 million, back to the Children’s Magical Garden.
The victory for the garden and its supporters has been met with great joy and relief. Kate Temple-West, the president of the Children’s Magical Garden, expressed her excitement about the achievement and the potential it brings for the garden to flourish. The community celebrated by tearing down the chain link fence that had separated the garden from Marom’s lot in a ceremony attended by local elected officials, parents, and children.
The Children’s Magical Garden holds a special place in the hearts of locals. It was started by activist Carmen Rubio in 1982 on a site that had been burnt down and turned into a dump. For over 40 years, it has served as a volunteer-run space for after-school programs, recreational activities, and community events. The garden’s role in providing a safe and nurturing environment for children and fostering a sense of community has made it a beloved institution in the Lower East Side.
Marom’s attempts to build a residential building on the portion of land he had taken over faced strong opposition from the community since the initial lawsuit in 2014. The settlement not only marks the end of the legal battle but also resolves several other lawsuits, including one that accused Marom of violating “anti-SLAPP” laws designed to protect against silencing critics.
The settlement has brought a huge relief to the supporters of the Children’s Magical Garden, who can now focus on dedicating their time and resources to the garden’s programming efforts. With the season set to begin in April, Kate Temple-West expressed her excitement about the future of the garden and credited the community’s passion and care for making this outcome possible.
The victory of the Children’s Magical Garden serves as a testament to the power of community resilience and determination. It highlights the importance of preserving green spaces in urban environments and demonstrates how collective action can successfully protect cherished spaces for future generations. The garden’s restoration to its full potential ensures that children and the community will continue to benefit from this magical oasis in the heart of New York City’s Lower East Side.
