Near the end of its past term, the New York Court of Appeals issued a decision in Matter of Glick v. Harvey.1 The case involved the common law “public trust” doctrine, a subject often of importance for local governments, developers, and property owners—and one that seems to result in litigation more often than one might expect. Indeed, this is the second consecutive year in which the court explored the parameters of the public trust doctrine; it also did so in February 2014, in Union Square Park Community Coalition v. N.Y. City Dept. of Parks and Recreation.2
Background
Under the public trust doctrine, state legislative approval is required before parkland can be alienated or used for an extended period for non-park purposes.3 A parcel of land may constitute a park either expressly, such as by deed or legislative enactment, or by implication, such as by a continuous use of the property as a public park.4
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