The Villager reports:
State Supreme Court Justice Jane S. Solomon on Monday dismissed the lawsuit filed last year challenging the Department of Parks’ reconstruction of the pavilion at the north end of Union Square Park.
The dismissal means that the reconstruction of the pavilion, which is currently underway, can proceed and include the infrastructure for a seasonal restaurant.
Members of the Union Square Community Co-alition and NYC Park Advocates had sued to block the entire reconstruction of the north end of the park and the plaza north of the park, claiming that the city failed to comply with state environmental laws and city land-use procedure, and that preparing the pavilion for private use as a seasonal restaurant was an illegal alienation of public land.
Judge Solomon ruled on March 30 that all aspects of the rehabilitation project were in a category of actions that do not require any further environmental review than was already conducted by the Parks Department.
The judge ruled also that the alienation claim was “not ripe” because a final determination of the use of the pavilion is subject to further administrative action — namely a request for proposals, or R.F.P., from private concessionaires to operate a restaurant. At the same time, the judge found that the zoning and land-use procedure issues were also “not ripe” because they rest on allegations that the operation of a restaurant would relinquish control of the park.
Nevertheless, she held that the plaintiffs would have the right to file a lawsuit later in the process.
Solomon said that operating an eating establishment in the park is consistent with public purpose, noting that the area around the pavilion, now being converted into an expanded playground, was previously used as the outdoor restaurant Luna Park Cafe. But she also said that not all restaurants in city parks would necessarily be permissible.
Parks Commissioner Adrian Benepe hailed the verdict, saying, “We are gratified at the court’s decision to allow us to continue the restoration of Union Square Park’s historic pavilion with public space and a seasonal concession. The pavilion is part of the Union Square Park’s north-end renovation, which includes a playground three times larger than previously, a restored plaza and many more trees.