25 Cited authorities

  1. Capruso v. Vill. of Kings Point

    2014 N.Y. Slip Op. 4228 (N.Y. 2014)   Cited 70 times   1 Legal Analyses
    In Capruso, members of the public challenged a village's proposal to deforest and construct a warehouse on a corner of parkland.
  2. National Audubon Society v. Superior Court

    33 Cal.3d 419 (Cal. 1983)   Cited 159 times   8 Legal Analyses
    Holding that "the state must . . . consider the effect of the taking on the public trust and . . . preserve, so far as consistent with the public interest, the uses protected by the trust"
  3. Friends of Van Cortland Park, v. City of New York

    95 N.Y.2d 623 (N.Y. 2001)   Cited 77 times
    Alienating parkland "requires the direct and specific approval of the State Legislature, plainly conferred"
  4. Illinois Central Railroad v. Illinois

    146 U.S. 387 (1892)   Cited 398 times   5 Legal Analyses
    Holding that "the same doctrine as to the dominion and sovereignty over and ownership of lands under the navigable waters . . . applies, which obtains at the common law as to the dominion and sovereignty over and ownership of lands under tide waters on the borders of the sea"
  5. Powell v. City of New York

    85 A.D.3d 429 (N.Y. App. Div. 2011)   Cited 21 times

    No. 4845. June 7, 2011. Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered January 27, 2010, which granted defendants' motions for summary judgment, denied plaintiffs' cross motion for summary judgment, and declared that neither Asphalt Green nor Bobby Wagner Walk is subject to the public trust doctrine, and therefore, the City of New York is not required to obtain legislative approval before commencing demolition, construction or operation of an access

  6. Matthews v. Bay Head Imp. Ass'n

    95 N.J. 306 (N.J. 1984)   Cited 55 times   1 Legal Analyses
    Holding that a beachfront association's limitation on membership to borough residents violates public policy
  7. Gion v. City of Santa Cruz

    2 Cal.3d 29 (Cal. 1970)   Cited 76 times   1 Legal Analyses
    In Gion, we noted, "the public use of the land [was] accentuated by the active participation of the city in maintaining the land and helping the public to enjoy it."
  8. Tuten v. City of Brunswick

    262 Ga. 399 (Ga. 1992)   Cited 34 times

    S92A0696. DECIDED JULY 16, 1992. Equity. Glynn Superior Court. Before Judge Williams. Rountree Souther, George M. Rountree, for appellants. Eugene Highsmith, Wallace E. Harrell, Lisa S. Godbey, for appellees. WELTNER, Chief Justice. This appeal concerns the power of a city to alienate a park that has been dedicated to public use. Factual background 1. Residents of the City of Brunswick sought to enjoin the city commission from completing a proposed conveyance to a church of city park land. They contended

  9. Friends of Petrosino Square v. Sadik-Khan

    42 Misc. 3d 226 (N.Y. Sup. Ct. 2013)   Cited 8 times

    2013-10-23 In the Matter of the Application of FRIENDS Of PETROSINO SQUARE, by and in the name of its President, Georgette Fleischer; Lt. Joseph Petrosino Lodge No. 285 of the Sons of Italy in America; Soho Alliance; Minerva Durham, d/b/a Spring Studio Life Drawing; Chinatown Civic Association; Noho Neighborhood Association, by and in the name of its Co–Chair, Jeanne Wilcke and Alan J. Gerson, Petitioners, Index No. 100888/13 for an Order Pursuant to Article 78 of the Civil Practice Law and Rules

  10. Miller v. City of New York

    15 N.Y.2d 34 (N.Y. 1964)   Cited 73 times
    Finding a lease rather than a mere “revokable-at-pleasure license”