Feb 15, 2016 2 min read Neighbors

Property Line Dispute Tenses Up Between Pavilion Theater Project Developers And 14th Street Resident

Proximity shown between facade of property owned by Janet Scherer (494 14th Street) and the current Pavilion Theater. (Photo via Google Maps)

The developers of the Pavilion Theater Project cleared significant hurdles last October in order to gain approval by the Landmarks Preservation Commission (LPC).

The project includes renovation of and development above the Pavilion Theater (188 Prospect Park West), as well as work to the vacant single story building at 190 Prospect Park West (which at one point housed the restaurant Circles), which developers plan to turn into a five-story condo with 24 units and a penthouse.

While the LPC vote served as a vital step in order to move the project forward, some residents continued to express their concerns over the direction of the development — including the particularly active participation by the 14th Street Block Association.

14th Street resident Janet Scherer filed a “notice of pendency” — litigation to prevent the usage of property — against Hidrock Properties, the developer for the project, according to The Real Deal, which likens the situation to a “border war.”

Pavilion Theater Project plans approved by Landmarks Preservation Committee . (Plans courtesy of LPC)

Scherer’s lawsuit claims the developers will be building into her property at 494 14th Street. The Real Deal explains:

“While Scherer has owned and lived in building since 1978, her complaint notes the townhouse’s original proprietors were also the original owners of the Pavilion, which was constructed in 1928.”

As such, Scherer’s property is bound by a concrete wall that actually encroaches 4 feet into the Pavilion’s allotted property – with the theater’s original construction seeing it ‘set back and erected approximately 48 inches’ off the east side of its property line, according to the complaint.”

The lawsuit by Scherer — who has been the owner of the property at 494 14th Street for over 37 years — claims that Hidrock plans to take back the property line that was in existence previous to her ownership.

Scherer, Scherer’s lawyers, and Hidrock Properties have all declined to comment when asked about the lawsuit.

While the outcome of the lawsuit is undetermined, it seems very clear that residents will continue to track Hidrock’s moves throughout the entire development and construction of the project.