This post appeared in a previous blog and is here for posterity’s sake.

photo credits: left: Richard B. Levine; right: North Elevation Rendering/Courtesy of Allied Works Architecture
For quite some time there has been a giant kerfuffle brewing at Columbus Circle not due to the Time Warner Building, but because of a Mid-Century Modern building by Edward Durell Stone. 2 Columbus Circle is at the center of the tussle between the Museum of Arts and Design (MAD) who want to renovate and use the building for a new museum, and preservation groups who want to save the facade of the idiosyncratic building. Advocacy group Landmark West! – with exclamation point (preservation is fun and exciting!!!!) – has lead the charge with their Campaign for 2 Columbus Circle. The campaign (sans exclamation point) has filed a FOIA request for all communication at the Landmarks Preservation Commission (LPC) concerning 2 Columbus Circle.
On 27 May, 2005 Landmark West! filed an Article 78 lawsuit in conjunction with the FOIA request against LPC Chair Robert B. Tierney, MAD and its affiliates Laurie Beckelman, Holly Hotchner, and Jerome Chazen for “conspiracy to obstruct and subvert the lawful functioning of the New York City Landmarks Preservation Commission.” Basically an Article 78 lawsuit is used when citizens feel the agency in question’s decision is wrong or has been reach by unlawful means. Their point of contention is that LPC will not even schedule a public hearing on the matter of 2 Columbus Circle to inquire on whether or not to Landmark the building, and will not hold a hearing due to wrong or unlawful means.
We have no experience to judge the merits of the Article 78 case, or the dealings between Commission Chair Tierny and Beckelman – but the insinuation which Landmark West! is pushing is that there was backroom dealing going on. Part of the FOIA request apparently has yielded emails between the Chair and Beckelman, former landmarks commission chairman.
From the New York Times via Nexis but available at wired ny:

As proof that Mr. Tierney lacked objectivity, the petition attaches examples of his frequent e-mail exchanges with Laurie Beckelman, the director of the museum’s new building program and a former landmarks commission chairman.
In a message dated May 2, 2003, that accompanied a letter from someone expressing opposition to the plan for 2 Columbus Circle, Mr. Tierney asks Ms. Beckelman, “Laurie, Do you want to see some, all or any of these letters?” Ms. Beckelman responds: “I would really appreciate seeing all of them, if it is not too much trouble. Thanks, Laurie.”
On May 9, 2003, the day after Community Board 5 voted on the sale of the building, Ms. Beckelman writes: “We got the vote 18-8, but I see trouble ahead. Thanks for all of your support, Laurie.” Mr. Tierney replies: “Let me know how I can help on the trouble ahead. Bob.”

Commission Chair Tierney always struck us as an honorable man serving his duty, so it would be a shame if he was responsible for not allowing 2 Columbus Circle a fair hearing. We’re not naive enough that we don’t realize that backroom deals happen all the time – a former LPC Commissioner corresponding with a current LPC Chair does raise eyebrows. To play cynical devil’s advocate: this is how politics works. People in power talk to each other all the time – it isn’t pretty, things happen often against public will, and favors beget favors. But mechanisms such as Article 78 and FOIA shine a light, and this matter will soon pass.
But chew on this: it has come to our attention that in no way shape or form will 2 Columbus Circle be calendared at LPC. No chance at all – and not by Chair Tierney’s desire or alleged machinations.
Food for thought.
But if you want to fight City Hall, you can join the “circle of support” (we can’t make this up) around the building’s famous lollipop base on Thursday, 23 June, at 6 p.m.