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    Union Square challenge to restaurant dismissed

    Department of Parks & Recreation  •  Union Square, Manhattan
    Union Square Park renovation plan. Image:Michael Van Valkenburgh Associates

    Challenge to Union Square Park renovation dismissed. Image:Michael Van Valkenburgh Associates.

    Local group opposed Parks’ plan to relocate restaurant. Parks’ renovation of Union Square Park included a redesigned playground, a new comfort station, and a restored historic pavilion at the northern end of the park. The project also included moving a private seasonal restaurant, located south of the pavilion, into the pavilion. The Union Square Community Coalition filed an article 78 petition, raising several arguments. It claimed that the restaurant relocation, which diverted use of the pavilion from public use to non-public use, was a prohibited use of parkland that violated the public trust doctrine. The Coalition also claimed that Parks failed to prepare an environmental impact statement as required under the State environmental review law. Finally, the Coalition claimed that Parks had failed to obtain a zoning amendment and had failed to comply with the City’s land use review process. (read more…)

    Tags : Article 78 petition, environmental impact statement, Justice Jane S. Solomon, public trust doctrine, Union Square Community Coalition, Union Square Park renovation
    Date:05/15/2009
    Category : Court Decisions
    (1) Comment

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