It was pretty much clear when, back in April, Federal District Judge Eric N. Vitaliano ordered a preliminary injunction against the National Park Service's transfer of the Tobacco Warehouse in DUMBO from federal property to neighboring soon-to-be homeless theater presenter St. Ann's Warehouse for its new space, likening the NPS's case to a "house of cards erected by the defense cannot withstand the gentlest breeze," but just to be sure Judge Vitaliano made the decision final on Tuesday.
The Times reports that the judge's new ruling lays out the reasons for the injunction against the development project, striking down the NPS decision that transferred the Tobacco Warehouse and Empire Stores properties out of protected Brooklyn Bridge Park and into private hands.
This spells trouble for St. Ann's, which will have to vacate its space at 38 Water Street, right across the street from the historic Tobacco Warehouse at the end of its next season, in May 2012, when the building is slated for demolition to make way for a new condo development. "There is nothing to be gained for St. Ann’s to pursue an appeal," said Thomas H. French, a lawyer for the theater.
Susan Feldman, St. Ann's artistic director, tells the Times she's looked at spaces in Downtown Brooklyn and in Manhattan into which the theater might move. Either way, St. Ann's days in DUMBO are over.