DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

Williams involved "alienation" of public organization, for exhibits and instruction on safety devices. its sweeping language has been land in its traditional sense of a conveyance toe private entity, but parkland for non-recreational purposes construed also to prohibit "alienation" by allowing any use of Although Williams speaks eloquently whetherby the municipality or another entity, public or private. question presented here. The Court of the need to preserveparkland, the decision does not resolve the connection with park purposes stated, for example: "no objects, however worthy, . .. which have no authority plainly conferred," id. at 253; a should be permitted to encroach upon it without legislative parks to other uses," Id. at 254; and a public park should "not be turned over by the commissioner of interfere in any degree with its park "must be kept free fromintrusion of every kind which would quotations do not speak to whether an, complete use for this end," id. (emphasis supplied). These whether the City's allowance of an underground plant is an encroachment or an intrusion on parkland, with allowing a park to be • underground use to supply essential municipal services can be equated the surface of the park "turned over" for other uses, or whether alienation from park use exists when underground project to supply will be, restored to the same uses that existed before construction of an require a different result where, as essential public services. These critical distinctions from Williams will have undiminished here, the Citywill not surrender any of its land to another entity, and the public and landscape restoration is i:se of the surface of the park as soon as construction of the WTp

completed. and displayed "some The AG acknowledges that the City has gone to "great lengths" comprising the project will ingenuity" in minimizing the impact of the plant on the park The facilities significance of the distinction between be located underground. Although the parties quibble over the grade, the fact remains that the park will being below "finished" grade versus "current" or "existing"

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NYC-WTC 000137842