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John Doxey, owner of Doxside Industries, is battling the City...

John Doxey, owner of Doxside Industries, is battling the City of Glen Cove over an eminent domain claim to his scrap metal facility. (Feb. 10, 2011) Credit: David Pokress

Any day now could be the last for John Doxey's waterfront salvage yard.

The city of Glen Cove already has condemned and seized the 1-acre parcel where Doxside Industries has operated since 1993. The land has long-been included in a proposed billion-dollar redevelopment featuring high-rise condos, a hotel, shops and parks.

But as that plan moves slowly, Doxey said he's being pushed from his business without upfront compensation. Late last month, a Nassau County Supreme Court justice ordered Doxside's eviction even as company lawyers say it cannot access a $1.3-million payment that Glen Cove placed in escrow with the county treasurer.

"They just want to cut us in half and disregard us for something that will never happen," said Doxey, 42, the third generation of his family to run the scrap operation.

City leaders strongly dispute his account, and say construction along Glen Cove Creek could begin within two years. They accuse Doxey of running an illegal, pollution-spewing operation, and of repeated "frivolous" legal challenges to avoid leaving.

His stockpiling of contaminant junk, the city says, will require a $2-million cleanup that may lose grant funding because of the delay. For the payment, the city says it has complied with eminent domain law, and that Doxside will receive it upon abandoning the site and removing all hazardous materials.

"Instead of making appropriate plans," Glen Cove said in a statement, "[Doxey] has continued to operate illegally and pollute the site, making a profit, paying no taxes and ignoring all previous Court Orders."

Glen Cove's Industrial Development Agency took title of the Garvies Point Road site in 2006. Doxside, which processes metals from buildings and equipment, continued as it appealed, without a proper use permit, the city said.

Last year, Glen Cove deposited its $1.3 million offer for the county to administer. Doxside has assessed the land, fixtures and relocation at $10 million.

"It's, 'Hey, you condemned it, you have to pay for it,' " said Doxside attorney Bruce Levinson, arguing for immediate payment.

Doxside also criticizes Glen Cove's partnership with RXR Realty to redevelop the surrounding 52 acres of blighted brownfields, a former Superfund cleanup site. Developers are now working with the city to complete an environmental-impact statement.

The slowed economy and complex land-use issues mean it could be one to two years before construction begins, and seven to 10 years for completion, officials have said. Plans call for 860 housing units, a luxury hotel, 50,000-square feet of office space and 25,000-square feet of retail and restaurants.

While frustrating, eminent domain and complicated cleanups are two common development roadblocks, said a local smart-growth advocate who endorses the Glen Cove plan.

"Any large-scale project on Long Island is going to go through a myriad of challenges on the regulatory side," said Vision Long Island director Eric Alexander. "We'd like them all to move quicker, but you have to be patient."

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