Union Square Park Cmty. Coal., Inc. v. N.Y. City Dep’t of Parks & Recreation

October 1, 2014 by Justia

In 2012, the New York City Department of Parks and Recreation executed a written license agreement with Chef Driven Market, LLC (CDM), which permitted CDM to operate a seasonal restaurant in the Union Square Park pavilion. Plaintiffs, Union Square Park Community Coalition, Inc. and several individuals, brought an action against the Department, its commissioner, the City, and CDM (collectively, the Department), seeking a declaratory judgment and injunctive relief restraining the Department from altering the park pavilion to accommodate the restaurant under the public trust doctrine. The Appellate Division denied the motion for a preliminary injunction and dismissed the complaint, concluding that the seasonal restaurant did not violate the public trust doctrine. The Court of Appeals affirmed, holding that the Department’s grant of a license to CDM to operate the restaurant in the pavilion was lawful.View "Union Square Park Cmty. Coal., Inc. v. N.Y. City Dep’t of Parks & Recreation" on Justia Law