BY JACK DELANEY
FOREST HILLS — A group of Forest Hills residents just received a boost in their long-simmering dispute with a nearby stadium, after a judge opened the door to a more comprehensive lawsuit. But will they choose to pursue it?
Last week, a Queens appellate court ruled that the Forest Hills Garden Corporation (FHGC), a local homeowners’ association, can proceed with a case filed in 2023 against the West Side Tennis Club, which owns Forest Hills Stadium.
The ruling overturns a 2024 decision by the state Supreme Court, expanding the scope of a potential lawsuit to include not only public nuisance but also claims of trespassing.
While the latter had initially been dismissed, the court found that it should be considered again because the stadium operator, Tiebreaker Productions, had allegedly installed a bag check station, barricades, and a “Stadium VIP” area on private streets.
Separately, the appellate court also dismissed an unrelated case brought against the stadium by a group called the “Concerned Citizens of Forest Hills,” arguing that they failed to demonstrate their nuisance claims were unique compared to those allegedly suffered by the rest of the neighborhood.
If the FHGC decides to press their case, the surviving claims — an alleged zoning violation was thrown out — would proceed to “document production, depositions and other forms of evidence gathering.”
“We were thrilled to receive two significant wins from the appellate court yesterday,” said John Kelly, a spokesperson for the stadium and Tiebreaker. “We look forward to thoroughly refuting the minor remaining claims at the appropriate time.”
Elsewhere, the reception to the news was colored by the lawsuit’s history, a tense but protracted war of attrition between one faction of the neighborhood and the stadium that has left many residents wary of taking on new legal fees.
Forest Hills Stadium opened in 1923, hosting tens of thousands of fans for the early editions of the U.S. Open before the tournament moved to its current home in Flushing Meadows in 1978, banishing the crowds and kicking off a long decline.
But a second act was in the cards. In 2013, the music promotion company Tiebreaker Studios partnered with the owner, the West Side Tennis Club, to renovate and reopen the venue. Yet noise complaints over summer concerts began surging in 2022, and the FHGC filed its lawsuit the next year, hoping to block the event series.
The conflict stems from the fact that unlike most other neighborhoods in the city, most streets in Forest Hills are privately owned and maintained by the FHGC, though pedestrians and regular traffic is allowed.
In 2025, the FHGC revoked the NYPD’s permission to provide security for concerts at Forest Hills Stadium, forcing Borough President Donovan Richards to intervene and broker a deal with the stadium to hire private security.
In a twist, the legal battles led to a mutiny within the FHGC itself. Last December, a slate of seven candidates successfully ran for the organization’s 15-person board on a platform of resolving the feud with the stadium as soon — and as tidily — as possible, securing a voting majority.
This March, the FHGC landed a $150,000 settlement from the city that also requires the NYPD to consult on security plans. Members of the new slate, which campaigned under the slogan “Forest Hills Garden Stand Up,” have previously expressed concerns about extending further legal action.
The next steps are, for now, unclear. “The Corporation is in active settlement discussions with the tennis club and promoter, and does not believe it is appropriate to comment further at this time,” a spokesperson for the FHGC said on Tuesday, via a statement.
