This post was authored by Matthew Loescher, Esq.
The petitioners in this case, 100 individuals and 20 community organizations who used East River Park, sought a declaratory judgment nullifying approval by the New York City Council of a coastal flood protection project affecting the Park. Petitioners argued the project required prior approval from the New York State legislature under the public trust doctrine because its purpose was to prevent coastal flooding in the surrounding community and not just the Park. They further claimed that because park rejuvenation and restoration pursuant to the project would take many years to complete, during which large sections of the Park would be closed to the public for recreational use, which was a diversion and/or alienation of East River Park for a nonpark purpose. The Supreme Court denied the petition and this appeal followed.
The record reflected that due to its proximity to the East River, the Park was vulnerable to coastal flooding, even more so than the communities lying inland. The court noted that this project was made with the intention of saving the Park from degradation due to surging salt water from the East River during storms that, over time, had increased in ferocity. It found that a project that benefits a park as well as other community objectives can still be considered to serve a park purpose under the public trust doctrine. Furthermore, while petitioners’ arguments provided less intrusive ways to accomplish coastal flood protection, even if true, they did not implicate the public trust doctrine. Moreover, the City anticipated that any burden caused by the project would be rewarded with a rejuvenated East River Park that was well protected from future storm surges, allowing the Park to fulfill its role as a recreational area for many years and future generations. Accordingly, the denial of the petition was affirmed.
East River Park Action v City of New York, 2021 WL 557520 (NYAD 1 Dept. 11/30/2021)
LAW OF THE LAND 
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