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Land Use and Planning

In New York: Public Trust Doctrine Thwarts Retail Mall

In Matter of Avella v. City of New York, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.

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In Matter of Avella v. City of New York, NYLJ 6/7/17, p. 22, col. 1, the New York Court of Appeals enjoined development of a retail mall on what is now Citi Field’s parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Although the entire court agreed that the public trust doctrine prohibits alienation of parkland without legislative authorization, Chief Judge Janet DiFiore differed with her colleagues about whether the legislature had —€ more than 50 years ago —€ provided the necessary authorization.

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