Ah, here it is:
http://www.myfoxny.com/dpp/news/sept_11/con-ed-ownership-of-mosque-site-may-not-stall-plans-20100809
“Consistent with the law and our core beliefs, we are in the process of selling a property which had once been used as a substation. Under the terms of a 38-year-old lease, the current tenant of our property has rights to use, alter, demolish or renovate the building, as well as purchase the property. He has exercised his option to purchase the property at a price to be set by an independent appraiser. If that party meets the price as set by the appraiser, this transaction will proceed. We are following our legal obligations under the lease. We will not allow other considerations to enter into this transaction. This is New York, a richly diverse city. Con Edison’s values call for respecting people without regard to their racial, ethnic or religious orientation. They are all our customers.”
Yes, but the Stete Public Service Commission must review and approve the sale. It looks like no such review has been made.There is no clear authority to sell the property under lby the party leasinngtheproperty from Con Ed, even with the Con Ed approval.
Without that review, the building application will have to be brought again because the whole ball game has changed.Utilities cannot sell property without State Approval.And that approval has to be granted before the buiding is made, simply because those in opposition need to be able to include public utility based issues.