Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
In his Realty Law Digest column, Scott Mollen discusses "Matter of East River Park Action v. City of New York," and "Malaczynski v. Wittmann."
January 04, 2022 at 01:18 PM
12 minute read
Land Use—Public Project Utilizing Park Land Did Not Require Approval by New York State Legislature Pursuant to the Public Trust Doctrine—Project Satisfied the "Park Purpose" Requirement and Was Exempt From the Need for Prior State Approval—FDR Drive, East River Park and Surrounding Community Need a Flood Protection Project
Petitioners appealed from a trial court judgment which denied their petition to annul a vote by the New York City (city) Council, which modified the zoning resolution in order to "facilitate the development of the Eastside Coastal Resiliency Project" (project) and dismissed the Article 78 proceeding. The Appellate Division (court) affirmed.
Pursuant to the public trust doctrine, a project which "utilizes park land for other than a park purpose," requires approval by the New York State Legislature.
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