Avella v. City of New York

Plaintiffs brought this hybrid N.Y. C.P.L.R. 78 proceeding and a declaratory judgment action seeking to enjoin the proposed development of parkland in Queens. The proposed development, called Willets West, involved the construction of a shopping mall and movie theater where Shea Stadium once stood. Plaintiffs alleged that because the development was located within parkland, the public trust doctrine required legislative authorization. Supreme Court denied the petition. The Appellate Division reversed and granted the petition to the extent of declaring that construction of the development on city parkland without the authorization of the state legislature violated the public trust doctrine. The Court of Appeals affirmed, holding that the statutory language and legislative history demonstrated that the legislature did not grant the City the authority to contract a development such as Willets West in Flushing Meadows Park. View "Avella v. City of New York" on Justia Law