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Expert Analysis

NY's Public Trust Doctrine Is Alive And Well

By Steven Russo and Evan Preminger (June 15, 2017, 2:15 PM EDT) -- New York courts have long held that the "public trust" doctrine precludes the use of dedicated parkland for nonpark uses. The New York Court of Appeals showed just how strictly that doctrine is applied when, after many years of planning and litigation, it enjoined development of a retail entertainment complex known as Willets West in the Citi Field parking lot, the baseball stadium that is home to the New York Mets. The June 6 opinion showed that the public trust doctrine is alive and well in New York State and can create havoc for development projects on land that is located within a state or municipal park, regardless of its current use....

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