Judge rules against Elizabeth Street garden, clearing way for affordable housing development

On a block, known for cramped apartments and narrow sidewalks, the Elizabeth Street Garden between Spring and Prince Street in Soho has been a haven in which residents can exhale. 

But now it appears to have reached its end as a state appellate court unanimously ruled that the city can go ahead and build an affordable housing development on the land.

Supporters of the green space held an emergency meeting Tuesday after the judge’s decision, following a 10-year legal battle during which they’ve cited the lack of green public spaces in the area. 

The previous judge had ruled in their favor, raising hope they could win against the developer.

"Obviously, we are disappointed, but the fight's not over," said Joseph Reiver, Executive Director of Elizabeth St., Garden Inc.

But the space is owned by the city, and the city says the 20,000 square-foot lot is better used to create 123 rental units for seniors. Haven Green is the name of the proposed development.

Residents say they will take this fight up to the Court of Appeals but acknowledge it is a last-ditch effort.