Raritan Baykeeper v. City of New York
New York Supreme Court
984 N.Y.S.2d 634 (2013)
- Written by Sheryl McGrath, JD
Facts
Spring Creek Park was a New York City public park. The City of New York Department of Sanitation (city) (defendant) received a permit to operate a solid-waste facility on a 20-acre plot of land within Spring Creek Park. The city intended to compost organic matter at the solid-waste facility and to use the compost at the city parks. The solid-waste facility was fenced off from the rest of the park such that the public could not use the fenced-off area. Heaps of full garbage bags were in the fenced-off area, and the city used bulldozers and other equipment to move the garbage bags around. The noises and smells from the facility wafted into nearby neighborhoods. Raritan Baykeeper, Inc. (Raritan) (plaintiff) filed an action against the city, alleging that the solid-waste facility was an improper use of park land. After presentation of documentary evidence, Raritan filed a motion for summary judgment. The city filed a cross-motion for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Graham, J.)
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