Emergency Court Hearing Set in Raven v. NYS DEC: Property-Rights Battle v Alleged Misclassification

BINGHAMTON, N.Y. - Nov. 11, 2025 - PRLog -- The long-simmering legal confrontation between artist and property owner Julian Raven and the New York State Department of Environmental Conservation (DEC) is reaching a critical stage. After motion briefing and evidentiary filings, the Chemung County Supreme Court will convene an emergency Temporary Restraining Order (TRO) hearing on Friday, November 14 at 10 a.m. in the Hazlett Building, Elmira, to determine whether the DEC must be restrained from further action or public dissemination regarding the disputed environmental classification of Raven's property at 714 Baldwin Street.

Raven's latest filings, including a detailed Response Memorandum, Supplemental Affidavit #2, and Exhibits D–J, accuse the DEC and the Attorney General's Office of violating due-process safeguards mandated by state and federal law. He contends that the agency's March 6 2017 "Class 2 Significant Threat" designation was issued without notice, hearing, or supporting record, misidentifying his warehouse as part of an unrelated dry-cleaning site. The Attorney General's November 7 opposition, filed by Assistant Attorney General Nicholas G. Buttino, argues that a TRO is "unnecessary and improper" and that the Department has "no immediate plans to conduct a remedial action." Raven's reply memorandum calls that position "grammatically, factually, and legally untenable," asserting that ongoing reputational and constitutional injuries make judicial restraint essential.

At stake are core questions of administrative accountability and constitutional rights. Raven argues that the DEC's refusal to produce internal emails and memoranda from 2014-2017—documents he has formally requested under the Freedom of Information Law (FOIL)—constitutes continuing irreparable harm and a denial of the "meaningful opportunity to be heard"

Raven seeks a narrow TRO preserving the status quo—halting any physical, administrative, or communicative actions by the DEC concerning the property until the Court reviews the full record. He also asks the Court to order immediate production of all DEC and Attorney General communications relating to the 2017 classification for in-camera review.

"This case is about more than one building," Raven said. "It's about whether a state agency can brand a citizen's property as a 'significant threat' without due process, then hide the evidence while pretending no harm is done."

The proceeding has drawn attention for its potential to test the boundaries between environmental enforcement and constitutional property protections. If the TRO is granted, it would temporarily block the DEC from any further steps pending the Order to Show Cause hearing on January 6, 2026.

Public and Media Invitation

Members of the press and public are invited to attend the hearing on Friday, November 14, 2025, at 10 a.m. in the New York State Supreme Court, Hazlett Building, 203 Lake Street, Elmira, NY. Seating is open; early arrival is recommended.

For further information, filings, and exhibits, go to
https://714baldwinstreet.com/raven-v-nysdec