New York City cannot operate a 20-acre composting facility in Brooklyn’s Spring Creek park unless it can get approval to do so from the state Legislature, a Brooklyn state judge has ruled.
Acting Supreme Court Justice Bernard Graham (See Profile) ruled on Dec. 20 in Raritan Baykeeper v. City of New York, 31145/06, that the facility, which was built to compost leaves, manure and tree stumps gathered from Spring Creek Park and other city parks, is an alienation of public parkland and therefore a violation of the public trust doctrine, which requires that all parkland be open for use by the public unless the Legislature authorizes another use.
