New York Court of Appeals Roundup

'Matter of Avella v. City of New York': A Review

, New York Law Journal


In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss an appeal arising out of the proposed development at the former Shea Stadium site. The majority ruled that the development known as "Willets West" cannot proceed because the legislature has not clearly and expressly provided that the parkland underlying the development site can be freed from serving as a park space, as is required under the public trust doctrine, while Chief Judge Janet DiFiore reached the opposite conclusion.

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What's being said

  • Steve Chong Our observation that municipalities may improve parks without legislative authorization by, among other things, the construction of playing fields, is consistent with the statutory language and legislative history of the 1961 legislation at issue here. .. It seems a second stadium such as a hockey rink may actually be OK

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