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SFX ENTERTAINMENT, INC. v. CITY OF NEW YORK

297 A.D.2d 555 (2002)

747 N.Y.S.2d 91

SFX ENTERTAINMENT, INC., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 19, 2002.

We disagree with Supreme Court's determination that the award violated the public trust doctrine (see Friends of Van Cortlandt Park v City of New York, 95 N.Y.2d 623) on the grounds that it was for a nonpark use and constituted an improper alienation of parkland without State legislative approval pursuant to New York City Charter § 383, since the proposed amphitheater is a permissible park use (see 795 Fifth Ave. Corp. v...

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