Developer’s fence comes down, flowers go in at Children’s Magical Garden

BY PHYLLIS ECKHAUS | The green refuge at the corner of Stanton and Norfolk Streets — the Children’s Magical Garden — abounded in joy and local media Sunday afternoon, as gardeners celebrated the happy resolution of their long legal fight to reclaim disputed land from real estate developer David Marom.

Ten years to the day since garden members first filed suit, a cheering crowd of children and community gardeners tore down the hated fence that had blocked off the contested lot.

The fence had obstructed one-third of the open green space and endangered the mulberry tree central to its ecosystem.

Ecstatic drumming by Batala, the all-women Afro-Brazilian percussion ensemble, marked the momentous occasion. Children planted blooming hyacinths, pansies and other flowers in planters where the fence had been.

The garden was founded 42 years ago by Lower East Side activists who salvaged abandoned, dangerous, garbage-filled land to build it. Garden members had claimed the disputed lot through the legal doctrine of “adverse possession,” which grants title to land by dint of continuous and conspicuous occupation.

Garden President Kate Temple-West told The Village Sun that when the fence went up, it was “one of the hardest days of my life.” She recalled startled and distraught children crying, and a place of serenity suddenly becoming a battleground. “I am really happy to be putting the past behind us,” she said.

Following three months of settlement negotiations, in early March, Marom deeded the disputed land to the garden, officially in honor of his late mother. The garden’s press release characterized Marom as “visionary” and included his claim that he had been “unaware” the land was disputed when he bought it.

Yet, as The Village Sun has previously reported, the deep-pocketed developer aggressively litigated against the adverse-possession suit, sought $20 million in unsuccessful defamation claims against garden defenders, and allegedly trashed the garden as late as last October, when a precedent-setting order by the judge forced him to remove part of the fence. At that time, Marom reportedly vowed to continue his efforts to extend the fence.

The developer did not attend the Sunday celebration, which organizers framed as an occasion of release, a welcome opportunity to remove literal and metaphorical fences. Aresh Javadi, a garden activist and executive director of the More Gardens! Fund, urged celebrants to feel their connection to the earth and let go of internal blocks to positive change.

Temple-West described the moment as both remarkable and ordinary — like nature itself: “To me, to finally have the whole garden back together feels like a miracle unfolding. But I remind myself it’s a common miracle — it’s as natural and as miraculous as birth—as natural and miraculous in our time as a tree growing as big as it can possibly grow, living as long as it can possibly live.

“It’s the common miracle of people coming together, rolling up our sleeves and working toward a shared vision for our community.”

Lissette Perez, the garden’s executive director, told celebrants how her oldest daughter, Lola, first “dragged” her into the garden six years ago because she saw a swing. Perez attended a garden meeting that weekend, and was stunned when her questions and suggestions were “not only listened to but put into action. It was the first time,” she said, “as someone who came here 10 years ago from the Bronx, that I felt like I could impact my community.” She said she immediately felt empowered to make change for herself, her children and her neighborhood.

Councilmember Chris Marte noted that one of the garden’s victorious court arguments referred to the roots of the mulberry tree — that they were deep and long and extended throughout the disputed lot. He compared the strength of the tree’s roots to the strength of Lower East Side activists, “so strong we’re able to prevail,” he said. “This should give us hope that, no matter how long it takes, no matter how much money is against us, we can and we will win.”

Assemblymember Grace Lee characterized the garden’s legal success as “making the Lower East Side a little more magical.”

State Senator Brian Kavanagh observed that locals need more than housing, healthcare and transportation: “We need dirt, we need trees, we need open spaces,” he said. “This is a great and wonderful victory for the kids who made this matter by being here.”

Perez said she looks forward to input from children and the community as the garden moves ahead to make full use of its full space, noting, “We have a whole section to construct.”