A Walk in the Park: Judge Strikes Down NYU Plan Over Illegal Taking Of Park Land

“NYU’s massive expansion project now cannot go forward, absent State Legislative approval, and that is never going to happen. End of story. “This is a huge victory for the Greenwich Village community, preserving this historic neighborhood and protecting its cherished, precious parkland.” - Attorney Randy Mastro

NYU 2031 Plan

NYU 2031 Massive Two Million Square Foot $ 6 Billion Expansion Project. The plaintiff's lawsuit contends that the Bloomberg administration gave NYU rights over public parkland, in violation of state law, which requires, under the Public Trust Doctrine, that parkland cannot be given away without the approval of the State Legislature. The judge agreed.

Manhattan Supreme Justice Donna Mills ruled that the City, "alienated public parkland without approval by the New York State legislature in violation of the Public Trust Doctrine.” Construction on the $6 billion, 20-year plan can not begin until the Legislature authorizes removal of the park space.

The City Council rubber stamped the project in July 2012. In September 2012, eleven groups filed suit against City for illegally approving NYU Sexton expansion plan for Greenwich Village.

The City and NYU had attempted to argue that because the four parks in question were never officially, "mapped" they were not legal parkland and as a result they do not require State Alienation approval.

Former NYC Deputy Mayor Randy Mastro argued that the parkland had been used for decades and the absence of official mapping does not afford the parks any less legal rights for protection under state law.

This is the second time in two weeks a judge has ruled that the Bloomberg administration broke the law by illegally alienating parkland. On December 20th a Brooklyn judge ruled that the Parks Department and NYS DEC by issuing a permit allowed 20 acres in Spring Creek Park near Jamaica Bay to be used by the Department of Sanitation for a solid waste facility.

- Geoffrey Croft

Manhattan

A Manhattan judge all but halted New York University’s controversial expansion plan Tuesday, ruling that the city broke the law by giving away public parkland without state approval, accordong to the New York Post.

The case, brought by Greenwich Village activists in 2012 drew support from local celebrities including Matthew Broderick, Susan Sarandon and Padma Lakshmi.

“NYU’s massive expansion project now cannot go forward, absent State Legislative approval, and that is never going to happen. End of story,” crowed the neighborhood advocates’ attorney, Randy Mastro.

“This is a huge victory for the Greenwich Village community, preserving this historic neighborhood and protecting its cherished, precious parkland.”

Manhattan Supreme Justice Donna Mills said construction on the $6 billion, 20-year plan that alters the green space cannot begin until Albany lawmakers OK the removal of the park space.

About 20 Greenwich Village residents including NYU faculty sued the city and the university in September 2012 to stop the plan, claiming that the university did not obtain required approvals for the construction on two “superblocks” between W. 3rd, Houston and Mercer streets and LaGuardia Place.

NYU Developments Could Happen Over Community Parks

Mercer Playground, one of two playgrounds NYU had hoped to tear down and replace with skyscrapers in its $ 6 billion dollar expansion plan The plan also included removing a community garden (photo below) and a dog run. (Photo: Terri Cude)

Residents like Matthew Broderick, who lives on Charles Street with his “Sex & the City” actress wife Sarah Jessica Parker and their kids said the plan will change the character of the Village.

“I’m very interested in this whole change that’s potentially going to happen to the Village,” Broderick told The Post outside court last February.

“I grew up on Washington Square. NYU has just taken more and more of what I think of as a unique and important part of the Village where a huge amount of creativity has come from,” Broderick said.

Sarandon donated two hours of free ping pong at her club SPiN to raise legal funds for the case.

The LaGuardia Corner Garden has been at it's current location at the corner of Bleecker Street and LaGuardia Place since 1981. Neighbors of LaGuardia Place Park paid for landscaping and raised funds for a new toddler park themselves. Under NYU's plan, residents would have also lost the Mercer-Houston Dog Run. (Photo: Elisabeth Robert/The Villager)

The City Council greenlighted the project in the summer of 2012.

But Justice Mills ruled in a 78-page decision that the city “alienated public parkland without approval by the New York State legislature in violation of the Public Trust Doctrine.”

City lawyer Chris Reo said, “We just received and are reviewing the decision.”

A spokesman for NYU downplayed the loss, saying that the ruling still allows the university to move forward on an initial project — building a new academic space on a site that currently houses athletic facilities.

“Once we have a chance to thoroughly review the decision with our planning team and determine the precise impact of the ruling on our ability to implement other elements of the plan, we will work with the City, as lead respondent, to determine our next legal steps,” said spokesman John Beckman.