DEP Biweekly Reports Folder 0049, 2000-2001

NYC 9/11 Public Portal Document

Croton Alienation Lawsuit lawsuit against the City in the U.S. As previously reported, a number of community groups brought a the Croton filtration District Court for the Eastern District of New York, alleging that the siting of which would require the plant under the Mosholu Golf Course amounted to alienation of parkland, consistently maintained that consent of the State Legislature. DEP and the Law Department have the plant is beine t uilt the project does not amount to alienation because (among other things) enhanced as part of the project, entirely underground, and the Golf Course will be fully restored and District Judge udge resulting in no loss of ark sage. The City won a favorable ruling from the not amount to alienation. Geis ion), who wrote a strong opinion holding that the project did After setting the case Plaintiffs then'appealed to the U.S. Court of Appeals for the Second Circuit. certified the question of down for oral argument, the Second Circuit, in an unexpected move, felt this was appropriate alienation to the New York Court of Appeals. The Second Circuit panel panel felt that New York because the issue of alienation is primarily an issue of state law, and the law, as explained in Judge State law on this point was unclear (we disagree and believe that the accepted the question Gershon's opinion, is quite clear). The New York Court of Appeals has Ut? believes that this case referred to it, and has scheduled oral arguMiit tor january .5, Dfiui. r: fern + rnnrarn fn rither mumeina rues across the State. Ihis is because the

that many municipalities, quite apart un er parkland without State legislative approval. We believe sewers, water lines, subways and other from the City, have built or are considering building roads, might be wise to secure public infrastructure underneath parks. We therefore suggested that it that represent them, in support from other New York State municipalities, or organizations Appeals. in ad i i n to connection with the City's argument before the New York Court of tote UoUrt that this is not bu ressing the City's legal position, such support would demonstrate decision against the City would havergrave simply a "New York City issue" and that an adverse Conference of Mayors [eg dative Affa;~~ and the Law Department, it appears that the New York (NYCOM has already (NYCOM) is prepared to file an amicus brief in support of the City's position permission to file such a brief). filed a motion with the New York Court of Appeals requesting Counties (of which the Legislative Affairs is continuing to talk with the New York Association of City is mber) in an effort to persuade them to join in the NYCOM brief.

Emergency Response

DEP Contractor Damages Housing Units (Par Plumbing, a licensed On Wednesday, December 13, one of our water meter contractors 156 Park Place, two plumbing firm) started a fire while installing a water meter. 152 and damage. Three others condominium units inlPãfkview Estates on Staten Island, suffered extensive believe the contractor's suffered varying amounts of water and smoke damage. At this time, we instructions regarding employee, who has subsequently been fired, was not following our written "frreblocks" around the soldering, which forbid the use of open flames, require the use of fireproof

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NYC-WTC 000137953