Petitioners/Plaintiffs (“Petitioners”), by the undersigned Pro se representation as an Article78 proceeding, for their verified petition and complaint for declaratory judgment allege asfollows:
I. Preliminary Statement
1. The Campus Road Community Garden was welcomed to its present location on theperimeter of the campus of Brooklyn College in March 1997. The College helped gradeand put paths on the original nucleus of the approximately 4500 square foot garden. Toby Sanchez, representing the Campus Road Gardeners, with the South Midwood Residents asa financial agent signed a revocable lease with the College in 1997.2. Following the release of the Dormitory of the State of New York’s negative declarationTuesday, May 18, 2010 the College evicted the Gardeners and has closed the garden (as of 9:30pm May 20, 2010) and hired professional landscapers to begin dismantling the garden.Gardeners have been told that very soon it will be bulldozed and completely flattened.3. The College has announced plans to create a new “Brooklyn College Garden” on 2500square feet, barring trees, shrubs, and bushes, utilizing raised bed planters. The rest of theformer garden area will be paved for a parking lot.4. Gardeners petition the court for immediate relief from this sudden and irreversibledestruction of a garden that took 13 years to develop.
5. The DASNY determination of a negative ruling included severalelements that were capricious, arbitrary, and illegal. Petitioners requestthat the dismantling and bulldozing of the garden be restrained through aTemporary Restraining Order (TRO) and a Preliminary Injunction and thatthe Court require the College to produce an Environmental ImpactStatement (EIS) that would accurately address the true environmentalimpact of this planned and imminent destruction of a precious communityresource, aesthetic public open space, and ecologically important land.
6. We support the Athletic Field's construction, in so far as that construction is not planned to interfere in any way with the current Campus Road Community Garden. Ourobjections are confined only to issues affecting the Campus Road Community Garden, andtherefore only the parking portion of the current Athletic Field Plan.
II. PartiesA. Petitioners
7. Andrew C. Snyder has been a community gardener at the Campus Road Community Garden since 2008. He strongly values the experience of working collaboratively withother gardeners to support the flora, fauna, and habitat in Brooklyn, and has plantednumerous butterfly host and pollinator-attractors in his garden plot. He is opposed to theCollege’s precipitous and calamitous actions because of the severe adverse impacts it will