Tag Archives: Article 78

Warning: Are Parks and Open Spaces Up for Grabs? Are We Slowly Taking the Public Out of the Public Trust?

We’ve been working with the many groups and people opposed to NYU’s ridiculous, bloated and unneeded expansion plan for some time now. Our main client, NYUFASP, represents hundreds of professors and faculty within NYU who are also against the plan; this, in itself, speaks volumes about what an awful plan it is: one that will crush the Village and abolish some much needed green and open spaces with it.

There was a lawsuit filed in 2012 against the plan. One of the main aspects of the lawsuit was that the green spaces that would be bulldozed by the plan are public parks, and, therefore, under the tenets of the Public Trust Doctrine, cannot be simply “given away” for development. That doctrine, which dates back to the time of the Roman Empire, is a crucial part of America’s common law tradition. According to the Doctrine, the government holds the titles to certain waters and lands in trust for the people; this has evolved to extend protection to scenic resources, open space in general, energy generation, preservation of ecosystems and historical sites.

In New York State, if an entity wishes to develop or remove a parcel of parkland from public ownership and use, it must follow a legal process called “alienation,” which, among other conditions, requires approval from the state legislature.

This lawsuit wound its way through the court system and, ultimately, came before the state’s highest court, the NYS Court of Appeals. A few weeks ago, we found out that we’d lost the case.

Reading the Court’s decision left me wondering whether we had somehow travelled to the “doublespeak”-laden parallel universe of Orwell’s 1984. Although it’s true that some of the parks in question never “formally” became part of the Parks Department, at least a couple of them did, in fact, have parks department signage, were maintained by the Parks Department, and were listed on the Parks Department’s website. In addition, one of the parks was actually dedicated – about two decades ago – by the Parks Commissioner at that time, Henry Stern (who, by the way, gave our side an amicus brief detailing the fact that, yes, that’s really a park). This would mean that they were, quite obviously, implied parkland, and that they’d be protected under the Public Trust Doctrine. Not only would they be protected, but they couldn’t be given away for development unless approved by the state legislature. Even then, the developer would have to “give back” to the community the same amount of open space as was taken.

Importantly, the whole community has used those spaces as parks, some for decades. But, apparently, if it looks like a parks, acts like a park, and is used like a park it’s….not. Here’s just part of what the court said, “That a portion of the public may have believed that these parcels are permanent parkland does not warrant a contrary result.” This means that although the public (and, really, not just a part of the public, but ANYONE passing by these parks would think they’re parks) actually thought these were parks, it does not mean that they were/are. Huh? If the Public Trust Doctrine is there to protect public lands, including parks, and if the public has used those lands as parks, and believed them to be parks – for decades – how could they be declared NOT parks? This is a scary precedent.

In better news, however, the folks in Queens fighting the erection of a shopping mall in Willets Point, next to Citifield (home stadium of the Mets), successfully used the Public Trust Doctrine in a lawsuit to stop the mall. The land that developers wanted to build on is public land that was specifically slated to be used only for stadium purposes; clearly, a shopping mall is not consistent with that usage. The lower court ruled in favor of the petitioners – Willets Point shop owners, the City Club of New York and State Senator Tony Avella (D-Queens). “Today’s decision sends a message loud and clear — our parks are not for sale,” said State Senator Avella. You can read the full story here.

We wish that Senator Avella’s words were true. Apparently, in the rush toward unfettered development in this city, public lands are, indeed, in jeopardy, and the courts can’t be counted on to side with the public. What’s worse is that, although many elected officials sided with the public in both the NYU case and the Citifield/Willets Point case, the City of New York itself, in both instances, sided with the developers. In the NYU case, the City continued to oppose the public’s stance even when the suit went to the Court of Appeals. Now the question is whether or not the City will be part of the inevitable appeal that developers will file in the Citifield/Willets Point case.

Under the guise of “controlling” City owned property, the City is clearly attempting to violate the Public Trust Doctrine, and is taking away one of the few protections that the public has to save public spaces, parks, and waterways in a time of rampant development. To say that it’s disappointing is an understatement.

Meanwhile, more evidence has arisen that even when developers are ordered to keep their hands off public spaces, they don’t always comply.

In Monday, July 14th’s NY Times column, “The Appraisal,” journalist Matt Chaban uncovered how Donald Trump is now selling Trump wares in a part of his Trump Tower in Manhattan that is supposed to be a dedicated public space. Mr. Chaban explains that, as part of a deal to let developers build larger buildings back in 1961, the City required that a certain amount of the developed space be open to the public. If Trump is in violation of his deal, I wonder how many other developers have done the same. Advocates have tried for years, to get the Trump situation fixed, but clearly, there is no real enforcement against these kinds of encroachments onto public spaces. Trump was fined $2500 for the infringement back in 2008 (a trifling price for Trump), but no other action ensued. You can read Chaban’s excellent piece here.

What does this all mean? I think it’s clear that public spaces are increasingly up for grabs. This is especially true now, when developments – mostly for the wealthy – are overtaking just about every neighborhood in the City. It’s also obvious that the City is clearly disinterested in angering developers, since the City is hoping it can persuade developers to build more affordable housing. (And that’s a subject for another day…)

While, of course, all developments aren’t bad, this slow erosion of the Public Trust Doctrine – with the City’s hearty assent – coupled with little or no enforcement when developers fail to comply with public space agreements, potentially adds up to fewer parks, gardens, and green and open spaces for the people of New York City. In a city where developments are rising higher and higher, blocking out the sun and dwarfing other buildings, and where the ratio of open space to people is among the worst of America’s big cities – 4.6 acres per 1,000 residents (Trust for Public Land 2014 City Park Facts), we can ill afford to let this trend continue.

A Park is a Park, is a Park, or is it? In NYC, the Answer Might Be, “NO”

For the past three years or so, a large swath of New York University’s professors (who have formed a group called NYU Faculty Against the Sexton Plan, a group we proudly represent) and the Greenwich Village community have been in a protracted and fierce struggle over NYU’s plan to expand enormously in the Village.

No one, it seems – other than NYU’s administration, especially its president, John Sexton – wants the monstrous 2 million square foot, multi-billion dollar development plan. The local community board voted unanimously against it, and 39 departments within NYU itself have voted against it. There have also been votes of no confidence passed against Sexton by a number of NYU’s schools. NYU’s own Stern School of Business – where at least two of its professors have earned Nobel Prizes in economics – voted against the unneeded, bloated and expensive plan.

It is unfortunate that in America today, many universities have become nothing more than big business, where the bottom line is most important, and education takes a back seat.

NYUFASP and other community groups have struck back hard, filing a lawsuit that would prevent NYU from implementing its plan. The groups won a big victory in court when it was ruled that NYU could not build on three strips of parkland – LaGuardia Park, LaGuardia Corner Gardens and Mercer Playground – because they are actually, well, parkland. (If you click on the link for Mercer Playground, you’ll see that it’s listed as actually part of the Parks Department!)

In NYC, not every green space is an official part of the parks department. Other agencies, like the Department of Transportation, often have authority of some of these spaces. But, fortunately, what really matters, legally, is how those spaces are used. And, in this case, some of these spaces have been used as parks for decades. In essence, NYC “gave” those parks to NYU illegally. Public parkland can’t simple be given away. In cases where the City does want to have parkland developed by a private developer or institution, there’s a legal process that has to be gone through, called “alienation,” and the City didn’t do that.

This throws a real wrench into NYU’s expansion plan, since those parks – which would be crushed – are needed for its scheme.

So, not surprisingly, NYU is appealing the decision.

What is somewhat surprising is that the City of New York is standing with NYU and appealing the ruling too. Mayor Bill de Blasio has fashioned himself as a progressive champion of the people, and that’s the basis upon which he was elected. He has shown himself to be progressive in other policies, so people are both confused and angered by the City’s response.

The appeals court appearance happened on September 24th, and, before the hearing, the NYU community, Village residents and those concerned about green spaces and overdevelopment held a rally in LaGuardia Park. Over 200 people attended, and many elected officials, including the City’s Public Advocate, Tish James, came to show their support. There was also an incredible performance by the internationally known, East Village-based group STOMP.

One of NYC’s former Commissioner of Parks, Henry Stern, supplied an affidavit for the case, saying that he tried – for 14 years – to get those pieces of parkland officially turned over to the Parks Department, but NYU blocked all attempts. He came to the rally to show his support and he also wrote a blistering editorial that appeared in the Saturday, October 4th edition of the Daily News, asking City Hall to drop its appeal.

The bottom line…everyone is still hoping that the City will come to its senses and drop the appeal. It’s not too late, and would, in fact, be the right thing for a progressive Mayor to do.

Latest Client News – Week of June 16, 2014

Last Friday, June 13th, in a follow up to the ongoing NYU expansion struggle in Greenwich Village, a coalition of over 20 community members and groups filed a legal brief in the state appellate court in Manhattan.

A trial court in January held that the City violated state law by allowing NYU to take over three public parks for construction-related purposes during the twenty-year expansion project. The City and NYU have appealed this part of the lower court’s ruling.

The community coalition asks the appeals court to uphold the trial court, and to require the City and NYU to halt the project, reexamine the building plans and City approvals that were based on the illegal alienation of public parkland, and conduct a proper environmental review that takes the protected status of these parks into account. The parks defenders have also asked the appellate court to hold that the Mercer-Houston Dog Run, like the other three parcels, is public parkland.

The lawsuit, originally filed in September 2012, challenges decisions by the City and the State to approve the massive Sexton Plan, a $6 billion, almost two million square foot construction plan in the heart of historic Greenwich Village, for the convenience of NYU.

Meanwhile, Prof. Micha Tomkiewicz, author of the Climate Change Fork blog is currently attending the Sixth International Conference on Climate Change in Reykjavik, Iceland. Stay tuned for his update when he returns.

Barbara Winslow had a book party on May 19th at the Mott House in Washington D.C., where both Congresswoman Eleanor Holmes Norton and House Minority Leader Congresswoman Nancy Pelosi gave remarks.

Latest Client News – Week of January 27, 2014

In our latest news, NYUFASP joined local officials, community groups and John Leguizamo to discuss the next steps in the NYU expansion.

On Friday, January 24th – two weeks after Manhattan State Supreme Court Justice Donna Mills put a halt to NYU’s needlessly colossal expansion plan by ruling that the City illegally gave parkland to NYU for its development, elected officials, NYU faculty, Village area community organizations and other supporters – including actor John Leguizamo – held a press conference encouraging NYU to step back from its planned appeal and to “do the right thing” by going back to the drawing board and exploring alternatives.

Greenwich Village Society for Historic Preservation (GVSHP) and the Historic Districts Council generously hosted the press conference in its offices. A slew of elected officials, including a representative from Congressmember Jerrold Nadler’s office; Assemblymember Deborah Glick; State Senators Brad Hoylman, and Dan Squadron; Manhattan Borough President Gale Brewer and Councilmember Corey Johnson, spoke. Each of them expressed the opinion that the judge’s ruling was beneficial to the Village community and provided a perfect opportunity for NYU to restart the planning phase from scratch. The well-know actor and Village resident John Leguizamo added his voice to the cause, emphasizing that NYU could make an expansion that respected the culture of the community while still gaining the educational space it needs.

The community groups that filed the lawsuit, include our own NYU Faculty Against the Sexton Plan (NYUFASP), GVSHP and Lower Manhattan Neighbors Organization (LMNOP), as well as, Historic Districts Council, Washington Square Village Tenants’ Association, East Village Community Coalition, LaGuardia Corner Gardens, Inc., SoHo Alliance, Bowery Alliance of Neighbors, Friends of Petrosino Square, and NoHo Neighborhood Association.

LCG is proud to be working with these groups that are fighting to save the Village.

Latest Client News – Week of January 13, 2014

In our latest news, NYUFASP is celebrating a huge victory in its suit against the City, and author Barbara Winslow has finally released her long-awaited book about Shirley Chisholm.

After a long, tense wait, Justice Donna Mills released a verdict on January 7th, ruling that the city acted illegally when it gave three out of four parcels of parkland to NYU for its 2031 expansion plan in July of 2012. A coalition of Village residents, NYU faculty members (NYUFASP) and elected officials launched an Article 78 lawsuit against the city after the plan’s approval, arguing, among other things, that the City had violated the law when it wrongfully granted NYU the use of the land involved. The $6 billion expansion plan is scheduled to last for 20 years, calls for 1.9 million square feet of new buildings in the heart of the Village, is totally unnecessary, and will crush the Village.  The judge ruled that three out of the four parcels of green space were “impliedly” parks, and that the city had acted against the public trust doctrine by seizing these public lands and awarding them to a private entity without going through the proper process of parkland alienation. This is a huge victory, and a turning point in the battle to stop the plan.

On Friday, January 10th, Barbara Winslow had a book launch party for her new book, Shirley Chisholm: Catalyst for Change. The book is a new biography of one of the most important figures in American history – and, in particular, the history of women and women of color in this country – Shirley Chisholm.  She was the first African-American woman elected to Congress and the first to run for President.  Way ahead of her time, Ms. Chisholm’s concerns still resonate today – equal pay, access to education, universal child care – and on and on.

There has been no modern or definitive biography of Ms. Chisholm written to date; the last one was 40 years ago.  The new book is much more in depth, and contains many interesting new insights and interviews – in fact, it is the only book published that covers the later part of Ms. Chisholm’s life.

The author, Barbara Winslow, is a professor of Women’s Studies at Brooklyn College, and is responsible for starting and running the Shirley Chisholm Project/Brooklyn Women’s Activism at Brooklyn College.  The Project has catalogued many of Ms. Chisholm’s original materials, and there are amazing oral histories/accounts from people who actually knew/worked with Ms. Chisholm, or were influenced by her legacy, like Anita Hill, Gloria Steinem, Donna Brazile, Joyce Bolden, Patricia Schroeder, and former NYC Mayor David Dinkins.