DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

NYC Environmental Law Fax:212-788-1619 Dec 27 2000 16:45 P.07

INTEREST OF THE AMICUS

(NYCOM) is a not-for-profit The New York State Conference of Mayors and Municipal Officials thereby representing voluntary membership association consisting of 566 of the State's 616 cities and villages,

the overwhelming majority of such municipalities.

A determination of whether state legislative approval is required prior to municipal construction of public

works infrastructure underneath parkland will impact all municipalities in New York State. Constructing and

maintaining public works infrastructure to efficiently provide critical services such as water, sewer, drainage,

lighting, and telecommunications is an essential function of municipalities. A determination that state

legislative approval is necessary before a municipality can install public works appurtenances underneath

parkland would unduly restrict and delay the ability of local governments to efficiently provide crucial

municipal services and would unnecessarily interject the state legislature into purely localized decision

making processes related to the efficient and effective delivery of services.

STATEMENT OF FACTS

The Conference of Mayors adopts the statement of facts presented by the City of New York in its brief.

ARGUMENTI

A MUNICIPALITY'S USE OF LAND BENEATH ITS PARKS FOR THE INSTALLATION OF ITS OWN PUBLIC WORKS FACILITIES DOES NOT REQUIRE APPROVAL FROM THE STATE LEGISLATURE

A park is a pleasure ground set apart for recreation of the public, to promote its health and enjoyment.

Williams v. Gallatin, 229 N.Y. 248, 253, 128 N.E. 121, 122 (1920). Municipal lands dedicated for park

purposes enjoy a preferred status in New York state law. In New York state, areas of land dedicated as parks

are impressed with a public trust and their use for other than park purposes requires the direct and specific

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