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Archive | Public Trust Doctrine

July 27, 2023

The Public Trust Doctrine in New York. A Park Is Not A Park Unless It’s Not.

  In 2015, New York’s highest court, the Court of Appeals, decided Matter of Glick v Harvey.[1]  The appeals court affirmed the reversal of a lower court order which enjoined New York University from beginning any construction in connection with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by the project.  The decision itself provides very little factual information.  According to… read more

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Posted in Condemnation, Parkland, Public Trust Doctrine, Uncategorized
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December 9, 2021

East River Park Destruction: Not So Fast, The Public Trust Doctrine Controls

On December 7, 2021, I wrote a blog about the legal suit brought to stop the destruction of the East River Park in the Lower Eastside of Manhattan.  I discussed the decision of the Appellate Division, First Department in Matter of East River Park Action v City of New York (Index No. 151491/20) denying an application to annul a vote of the City Council which modified the zoning resolution in order to facilitate the construction of the development of the East Side Coastal Resiliency Project. The project adopted by the… read more

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Posted in East River Park, Parkland, Public Trust Doctrine
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July 7, 2021

Napeague (Truck) Beach – It’s Not Over Yet

Napeague Beach in Amagansett, East Hampton, New York has been used by the public for decades.  In 2009, Homeowner Associations above the beach commenced an action claiming that they owned title to the beach.  They also claimed that the use of the beach by trucks driving on the beach and parking whilst enjoying the ocean constituted a nuisance. After a 5-day trial in the Supreme Court in Riverhead, the Trial Court, Hon. Ralph T. Gazzillo dismissed the action.  The Trial Court found that plaintiffs did not establish their ownership to… read more

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Posted in Napeague Beach, Prescriptive Right of Access, Public Trust Doctrine
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May 9, 2019

LITIGATING THE PUBLIC TRUST DOCTRINE IN NEW YORK. A PARK IS A PARK UNLESS IT’S NOT.

          New York’s highest court, the Court of Appeals, decided Matter of Glick v Harvey.[1]  The appeals court affirmed the reversal of a lower court order which enjoined New York University from beginning any construction in connection with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by the project.  The decision itself provides very little factual information.  According to an article… read more

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Posted in Condemnation, parklands, Public Trust Doctrine, Uncategorized
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October 15, 2018

HOW DO WE GET TO THE BEACH? PART II. MARTINS BEACH v SURFRIDER FOUNDATION

I first wrote about this subject in our blog dated May 21, 2018.  The United States Supreme Court denied certiorari on October 1, 2018 to Martins Beach 1, LLC v Surfrider Foundation, _____ U.S. _____, 2018 U.S. LEXIS 5704.  The Court refused to hear an appeal by an owner to overturn a ruling that a beach access path must stay open. The access to the beach was located near Half Moon Bay, California.  The property never had public access.  The beach could only be accessed by driving down a private… read more

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Posted in Beach Access, Per Se Taking, Public Trust Doctrine
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