Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
City Parkland: Invalid Lease or Permissible License?
When may a New York municipality authorize commercial use of parkland without express authorization of the state legislature? That question recently reached the Court of Appeals in Union Square Park Community Coalition v. New York City Department of Parks and Recreation (NYLJ 2/21/14), in which the court upheld an agreement between the city and a private party authorizing the latter to operate a seasonal restaurant in Union Square Park. In upholding the agreement, the court had to grapple with two limitations on municipal control of public parkland: the public trust doctrine and the prohibition on alienation of parkland without the permission of the state legislature.
The Public Trust Doctrine
Suppose a municipality itself decides to operate a restaurant in a public park. Although the municipality has not made any transfer of parkland, the mere use of parkland for a non-park purpose can constitute a violation of the public trust doctrine. Friends of Van Cortlandt Park v. City of New York, 95 N.Y.2d 623, is illustrative. Pressed by the federal Environmental Protection Agency (EPA), New York City set out to design and build a water filtration plant. The city's preferred location was the Mosholu Golf Course in Van Cortlandt Park. The design would restore the golf course and other park uses once the city completed the underground plant, but construction would close 29 acres of parkland, including the golf course, for more than five years. The State of New York, concerned citizens, and community groups sought to enjoin development of the plant on the ground that the public trust doctrine would prohibit construction without approval from the state legislature. The Court of Appeals agreed, holding that because park area are impressed with a public trust, use of parkland for other than park purposes, either for a period of years or permanently, requires state legislative approval.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.