WHEN PARKLAND IS NOT REALLY PARKLAND

July 17th, 2018 Posted in Front Page News, Harlem River BOA, Harlem River Working Group, Low Impact Development, Lower Concourse North, mill pond park, NYC Parks Department, Permits, Permits Comments and locations, Pier 5, Pier 5 Pop Up Wetland - first of its kind, Projects, Resiliency and Sustainability, Yankee Stadium Redevelopment

FOR IMMEDIATE RELEASE: July 17, 2018

CONTACT: Karen Argenti, 646-529-1990

WHEN PARKLAND IS NOT REALLY PARKLAND

(Bronx, NY) The case of the Bronx Council for Environmental Quality (BCEQ) and Young vs. the City of New York, et al. concerning Pier 5 and the Public Trust Doctrine was denied. Without any oral arguments, the Supreme Court of the State of New York in New York County sided with the City in a written decision claiming that we failed to reach the burden of proof.

While the City agrees that the land has been under the control of the Parks Department it states that it is not parkland subject to alienation. The essence of the City’s position is that if land under the jurisdiction of Park is unimproved, it is not a park. The public has no way to determine whether or not a park is a park.

……

Note: We are just community people so we have to go that extra step. Judges only believe the government.  Please read hard copy (PDF) and other background information:

BCEQ PRESS RELEASE ON PIER 5 DECISION JULY 17, 2018

3. The Public Trust Document BCEQ Permits for Research and Construction

4. The Public Trust Document BCEQ BOA and Visioning

5. The Public Trust Document Recent Studies

6. The Public Trust Document Parks Ownership

Judge’s decision:

100240_2018_Bronx_Council_for_Envi_v_Bronx_Council_for_Envi_DECISION___ORDER_ON_39

Selected City response:

100240_2018_Bronx_Council_for_Envi_v_Bronx_Council_for_Envi_AFFIDAVIT_4 100240_2018_Bronx_Council_for_Envi_v_Bronx_Council_for_Envi_AFFIDAVIT_5

 

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