Brief Offers Powerful Argument That Strips of Land Do Not Meet “Implied Parkland” Criteria, and Overturning Appellate Division Would Hamstring NYS Towns and Cities and Result in Fewer Green Spaces
Brief Offers Powerful Argument That Strips of Land Do Not Meet “Implied Parkland” Criteria, and Overturning Appellate Division Would Hamstring NYS Towns and Cities and Result in Fewer Green Spaces
NYU today submitted a brief (opens a .pdf in a new window) to the New York State Court of Appeals – the State’s highest court – urging it to uphold a unanimous October 2014 decision by the 1st Department of the Appellate Division in favor of NYU and the City of New York. The brief offers a powerful argument about why four strips of land at the periphery of blocks where NYU plans to build much-needed academic facilities are not implied parkland, and it highlights the detrimental public policy consequences of an adverse ruling.
The lawsuit emerges out of opposition to NYU’s plan – approved 44-1 by the City Council in July 2012 – to create much-needed new academic facilities. The Court of Appeals, New York’s highest court, will hear the case in June.
NYU Sr. Vice President Lynne Brown said, “No one -- not even the opponents -- argues that these four strips of land were mapped or officially designated as parks. And for over 150 years, the law in New York State has held that property can only be deemed ‘implied parkland’ in New York State by ‘unequivocal… and unmistakable intention.’ And as our brief makes clear, on multiple occasions and in multiple ways, the City explicitly declined to designate them as parks and expressed that they were streets.
“But NYU’s project – which is vital to NYU’s academic excellence and competitiveness – is not the only issue here. There’s an important public policy issue at stake, too. Many of the green spaces and recreational spaces we know and love are not parkland. A reversal of the Appellate Division’s decision would confront not only New York City but town and city governments throughout the state with a dilemma: give up much-cherished temporary uses of municipal land – such as community gardens or recreational use of empty lots -- or give up using land in the future for other important municipal needs, like low-income housing. Governments will logically choose the former, and the ironic result is there will be fewer green spaces in our State’s municipalities.
But there’s another irony: the opponents’ position on what it takes for land to be deemed implied parkland -- a de minimis standard of people simply thinking it is a park -- actually circumvents and undermines the established democratic processes our City has established for deciding land use. City property would become parkland with no City Council votes, no ULURP reviews, no public comments, and no hearings.
“For these reasons, several organizations representing New York State city and town officials as well as advocates for low-cost housing, parks, higher education and hospitals filed a notice motion to file a brief and amicus brief (opens a .pdf in a new window)
“NYU continues to believe fully in this project -- which was overwhelmingly approved by the City Planning Commission and the City Council -- and in the strength of our case, and we are optimistic about another positive outcome when the Court of Appeals rules.”
FINAL BRIEF FILED BY CITY OF NEW YORK (opens a .pdf in a new window)