In Glick v. Harvey, the plaintiff filed an Article 78 proceeding for land against the defendant, including New York University.
In Downtown Manhattan, residents have begun to grow weary of NYU’s rapid expansion in Greenwich Village. This manifested when a dispute arose over four parcels of municipal land, which the plaintiffs argued was to be designated as parkland. These parcels include Mercer Playground, LaGuardia Park, LaGuardia Corner Gardens, and Mercer-Houston Dog Run.
The New York State Court of Appeals ruled in favor of the University’s plans to expand its facilities, as the plaintiffs were not able to demonstrate that the parcels were implied parkland, which would have protected the land under the public trust doctrine. When first developed, LaGuardia Park was to “always remain in Department of Transportation jurisdictional property, available for DOT use” and not to be “formal or implied dedicated parklands”.
In regard to Mercer Playground, the permit for its development calls for the “temporary” use of the land to serve as a park, and “in the event the DOT requires the property to perform construction work, the Department of Parks and Recreation shall vacate it and return it”. The LaGuardia Corner Gardens were leased to the GreenThumbs Garden Program “on an interim basis, pending the future development or other use of the premises”.
Prior to the appeal, “petitioners sought an injunction of the City’s planned transfer of the parcels and a declaration that the City respondents had unlawfully alienated impliedly dedicated public parkland in violation of the public trust doctrine”, The NY Supreme Court ruled in favor of the petitioners, arguing that the alienation of those parcels violated the public trust doctrine.” However, upon appeal, the Appellate Division ruled in favor of the university, “denying the petition and dismissing the proceeding.”
The two necessary conditions to complete a successful challenge to the alienation of land are to show that the land owner’s intent is unmistakable and “that the public has accepted the land as dedicated to a public use.”
The petitioners were unable to prove that the city planned to permanently dedicate the parcels of land, as the permits reference above demonstrate.
The case was cited as Matter of Glick v. Harvey, No. 107, NYLJ 1202730967649, at *1 (Ct. of App., Decided June 30, 2015).