New York State Court of Appeals
Public Trust Doctrine
Park Purpose — Restaurant
Union Square Park Community Coalition, Inc. v. New York City Dept. of Parks and Recreation
Background: The plaintiffs challenged an agreement by the defendant to allow the operation of a restaurant in Union Square Park. The plaintiffs argued that it is possible for a restaurant to serve a park purpose, but assert that each food establishment must be assessed on a case-by-case basis.
Ruling: The Court of Appeals held that the plaintiffs failed to state a claim for violation of the public trust doctrine. Under the circumstances in this case, the Court of Appeals held that the restaurant did not run afoul of the public trust doctrine for lack of a park purpose.
Sanford I. Weisburst for the appellants; Deborah A. Brenner for the respondents