Monday December 8, 2008 – 3:00pm
New York State Supreme Court
60 Centre Street, Room 432 (which is part 55)
Justice Jane S. Solomon
Oral arguments will be heard at 3:00.
We are encouraging the public to attend the hearing. A strong showing would be helpful. Background: Union Square Park Pavilion Litigation. In April 2008, the Union Square Community Coalition filed a lawsuit (USCC v. NYC Parks, Index No. 08/105578) challenging the Parks Department and Union Square Partnership’s plans to install a restaurant in the historic pavilion. The court issued a preliminary injunction, which prevents the operation of a restaurant, or the installation of fixtures for a restaurant, pending further order of the Court. In so doing, the court found that USCC is likely to prevail on its central claim that without state legislative approval, the restaurant would be an unlawful alienation of parkland once that claim is ripe. The City has moved to dismiss the case, claiming it is both unripe (because, allegedly, several steps remain in the process before a restaurant concession could be offered) and non-meritorious.