King said the public needs the park as a place for respite and did not want to see the museum take down trees, building on public space.

The community group filed an amended complaint against the City of New York, Parks Department and its commissioner on May 22, 2018. On Dec. 10, 2018, the New York State Supreme Court ruled against the group, granting the museum approval to proceed with its science and education center. On Dec. 18, 2018, an appellate court issued a temporary restraining order pending the appeal. But it allows the museum to proceed with work to the extent that green space in the park will not be adversely affected.

The appellate court's order allows the museum to go forward with construction activities. For example, with a schedule from now through March it can install a guard booth, remove shrubs, benches, light poles, and begin demolition at the Weston Building, the three structures slated to be removed to construct the Gilder Center.

On Jan. 28, 2019, representing Community United, Hiller filed an appeal requesting reversal of the lower court's decision.

At the protest, Hiller stated with its expansion the city is giving away public land. Thus, he asserted it is required to either go through the Uniform Land Use Review Procedure (ULURP) or to the state legislature.

From left: William Raudenbush (with megaphone), Michael Hiller (on platform), Feb. 2, 2019/ Photo by Betsy Kim

He said the City issued a ruling that incorrectly states all of Theodore Roosevelt Park was set aside for the museum. Hiller says an 1876 statute gave the City the right to enter into a lease with the museum, and that contract gave the museum one building. “And when the museum wanted to expand, you know what the museum had to do? They went to the state legislature and they asked for permission each time.”

The complaint filed in the lower court noted that for more than 142 years, AMNH has been required to obtain legislative approval before either expanding or constructing additions to its original, singular building.

It stated in 1887 and 1889, the museum went to the state to pass statutes to allow additions to the museum. Similarly, in the 1930s, the state legislators passed statutes allowing AMNH's construction of the Roosevelt Memorial Building and the Planetarium.

At the event, Hiller told the group their fight was about a larger principle: “But this time, hiring a group of lobbyists to bypass that process and making an effort for a land grab, they're taking your public park land away from you without giving you the opportunity to have your say.” The group emphasizes it's the people's park, not the museum's park.

In her Dec. 10, ruling, Judge Lynn R. Kotler held that the City's lease to the museum grants them the right to construct an appropriate building anywhere within the park.

“We're confident the court's ruling will stand and this important project will continue,” a spokesperson for the City's Legal Department said to GlobeSt.com. “The lower court found that ULURP was not necessary for the Gilder Center because an 1876 Statute and a subsequent lease authorize the construction of multiple museum buildings in Theodore Roosevelt Park.”

The American Museum of Natural History provided the following statement to GlobeSt.com:

“The Gilder Center for Science, Education and Innovation will be a major new resource for science education for all New Yorkers and visitors from around the world. The inherent value of this project is reflected in the broad public support it has received from numerous elected officials, neighborhood groups and advocacy organizations. The Gilder Center has followed the same extensive public review process as past Museum construction projects, and it has received approvals from numerous governmental agencies. The Museum has already prevailed in one court decision (NYS Supreme Court, December 10, 2018) that allowed the project to proceed, and we have every expectation that the appellate court will affirm that decision.”

At the event, William Raudenbush, Community United's chairman, also cautioned about the graduate school that the Gilder Center will house. “You know a university takes no mercy when it comes to a neighborhood. They take no prisoners,” he said. “And as much as we love education, this is one of the most congested neighborhoods in one of the most congested cities in the world.”