In his Condemnation and Tax Certiorari column, Michael Rikon, a partner of Goldstein, Rikon, Rikon & Houghton, writes that the protection of parkland falls under the broader panoply of the public trust doctrine, which holds that the government is required to maintain certain resources for the public's reasonable use, but, as the Court of Appeals determined last week, reasonable use can encompass more than one valid option.
February 28, 2014 at 12:00 AM
1 minute read
On Feb. 20, 2014, the Court of Appeals decided Union Square Park Community Coalition v. New York City Dept. of Parks & Recreation.1 The issue before the court was whether it is permissible to allow the operation of a restaurant in Union Square Park in Manhattan. It was the coalition’s argument that the operation of a restaurant in a park would violate the public trust doctrine.
The Court of Appeals held it did not.
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