DEP Environmental Protection Invoices, 1999-2001

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exceptions that, they contend, do not apply in this of public use or where authorized by another law, that the requirement of State legislative approval case.' The AG and the private plaintiffs further argue parkland. They also argue that the scale and applies even to an underground facility located under plant the consequent disruption of park use while the duration of the construction project alone, and even if the court were to find that the City can build is being built, require State legislative sanction, without the authorization of the State Legislature. and operate an underground facility under parkland does not entail alienation of parkland The City contends that construction of the WTP there will be no conveyance of parkland to another requiring State legislative approval (1) because upon completion, will be located underground and entity, public or private, and (2) because the plant, remain essentially undiminished. The City the parkland available for public use after restoration will the of the public use of parkland occasioned by further contends that the temporary disruption can be approved by the City, without the need construction of a project that is otherwise pemtissible the agency. For the reasons that follow, I agree with for State legislation or the approval of a State

City. park alienation isWilliants v. Gallatin, The leading New York Court of Appeals decision on it cannot be once land has been dedicated to use as a park, 229 N.Y. 248 (1920), which held that, part, temporarily .or permanently, even for diverted for uses other than recreation, in whole or in of the approval. Williams invalidated the proposed lease another public purpose, without legislative Institute of America, a non-profit, quasi-public Arsenal Building in Central Park to the Safety

recognizes an exception to the requirement of 'The AG, unlike the private plaintiffs, to water supply projects. but only, according legislation, which he derives from other laws relating approved by the responsible State agency, the to the AG, if the project has been formally The City did not seek DEC's formal Department of Environmental Conservation ("DEC"). Golf Course site. approval for installation of the WTP on the Mosholu 10

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