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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