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In New York: Public Trust Doctrine Thwarts Retail Mall
In Matter of Avella v. City of New York, NYLJ 6/7/17, p. 22, col. 1, the New York Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Although the entire court agreed that the public trust doctrine prohibits alienation of parkland without legislative authorization, Chief Judge Janet DiFiore differed with her colleagues about whether the legislature had —€ more than 50 years ago —€ provided the necessary authorization.
The Willets Point Development Plan
Willets Point is a 61-acre area in the Borough of Queens that has no sewers, sidewalks or street lights. The area has long been considered blighted. Just to the west of Willets Point is the parking lot for Citi Field, on the site of the former Shea Stadium. In 1961, the legislature paved the way for Shea Stadium by enacting legislation carving the Shea Stadium site out of Flushing Meadow Park, and authorizing use of the site for a baseball stadium and other specified purposes. The scope of that legislation was the focus of the litigation that ultimately reached the Court of Appeals.
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