ELR Citation: ELR 20364
No(s). 4063/73 (N.Y. App. Div. Jan 17, 1974)

A lower court order is reversed, and summary judgment and a preliminary injunction granted to plaintiffs in a taxpayers' suit seeking to prevent the establishment of a sanitary landfill in a public park. Park areas in New York State are impressed with a public trust and may not be used for other than park purposes without the direct and specific approval of the legislature. The court finds that the planned use of the landfill as a ski slope does not alter the fact that refuse disposal is not a park purpose, and forbids such a use of park land after noting that the defendants have failed to show that the required legislative approval has been obtained.

Counsel for Plaintiffs
Wayne M. Harris
Thomas R. Burns
Harris, Carroll & Creary
226 Powers Building
Rochester, NY 14614

Counsel for Defendants
William J. Stevens County Attorney
Michael K. Consedine
307 County Office Building
Rochester, NY 14614