NYC 9/11 Public Portal Document
Misc, 727 (Sup. Ct., Schenectady Co.
foreign trade zone invalidated); Matter of Central Parkway, 140
detached to build a parkway invalidated
1931) (local ordinance that allowed a strip of parkland to be
Pallas, 47 Misc. 309 (Sup. Ct.,. N.Y.
in the absence of State legislative approval); Tompkins v.
advertisements to be placed on a temporary
Co.1905) (Parks Commissioner lacked authority to allow
during construction of library),
fence that had been properly erected for safety purposes in Bryant Park
Parks Commissioner to lease
This case does not present an issue as to the power of the City's
parkland is conveyed by the WTP
parkland to a private commercial entity, as inMiller. No interest in
Ackerman or Stephenson, where
project. Nor does this case present an issue, such as in
The temporary disruption of
characterizations ofthe non-park use as "temporary" were subterfuges.
construction of an otherwise
parkland, even for the relatively lengthy period to be involved litre, for
alienation of parkland where the
permissible public project is not prohibited by the doctrine against
for non-park use. Interference with
temporary disruption is not a subterfuge for a diversion ofparkland
construction of the WTP and restoration
public itse of parkland will be limited to the time nccessaryfor
construction, large areas of parkland and other
of the surface. Moreover, even during the height of
Park and other local areas of greenery
open space will remain, with all of the rest of Van Cortlandt
Council, in approving the project,
available for use by residents and the general public. And the City
Department to ameliorate the effects
directed that approximately 520 millionbe transferred to the Parks
the site of the project, its immediate vicinity,
of the construction and to preserve, restore and improve
and Van Cortlandt Park generally.
the City to obtain approval of
The AG acknowledges that there is no case law which requires
infrastructure beneath its parkland. It not
the State Legislature before the City can install its own
is
that benefit the City generally and
disputed that underneath City parkland are many non•park facilities
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