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The association, the West Maspeth Local Development Corp., former St. Savior’s parishioners and nearby property owners filed their suit in Queens Supreme Court last month.
The suit seeks to prevent Maspeth Development, the owners of the property, from going forward with plans to demolish the former church and replace it with housing.
The Episcopal church was founded in 1847 and closed in 1995. Its new owners, a Korean Methodist church, sold the property last year to Maspeth Development, which is seeking a zoning change so it can build housing on the site.
The Juniper Park Civic Association sought landmark protection for the property, but was turned down by the Landmarks Preservation Commission, which said repairs after a 1970 fire made the church ineligible.
Maspeth Development began to tear down the church, but when asbestos was discovered on the site, the Department of Buildings suspended the work. The developers recently agreed to hold off on further demolition, saying they were interested in working out a compromise.
The association is basing its legal claims on the original 19th century deed for the property, which they say forbids the property from being used for anything but a church.
The groups presented their oral arguments in Queens Supreme Court on June 7. The judge is expected to rule later this month on whether to continue a stop work order on the site and on the bond request.
The bond request is not unusual in real estate cases. The bond is to be paid to the defendant if they win the case, to compensate him for the losses incurred from the delay in construction due to the case.
However, Marc Bresky, the attorney representing the community groups, argued that the delay will not cost Maspeth Development anything since they have not gotten the rezoning they need to build the apartments they want for the site. The developer has a request before the city Planning Department, but it’s unlikely the application would make its way through the lengthy approval process before the fall, he said.
