Reposted from Ellen Horan:
Dear Gardeners and Garden Coalition members,
This is not over.
There was ruling today on the NYU case called ‘Glick v. Harvey’
). Just to make clear to you, (and to my best understanding), this is only the “First Department” in the appeals process, where a panel looks at the legal points, and weighs in on the original ruling by Judge Mills. They did not agree with Judge Mills ruling that the lands were ’alienated” parks according to the Public Trust Doctrine. However this was not the “Appeal.”
The real ‘appeal’ is the next step at the level of the ’State Court of Appeals.” Our lawyers at Gibson Dunn had prepared the Village plaintiffs that this was a first step, and have said they are prepared to carry this all the way through. However, unfortunately, this ‘First Department’ panel ruling puts the burden of the ‘costs’ of the Appeal on us. (since the panel did not agree with the original ruling).
What I am not sure of is the timeline — whether NYU can begin construction before the full appeal process is finalized. So far there has been an injunction against construction.
I hope all of you will understand the importance of fundraising to help Gibson Dunn supplement the already significant legal costs going forward.
And also help in getting the word out — it has been very hard to get the public to understand what is at stake. Gardens, green space, parks, community sovereignty, and ecological issues all come into play.
An Appeal at the State Appeals Court may be positive for our side, since the Public Trust Doctrine is a State Law, and that higher court may be impartial in ruling against NYC/NYU allowing green spaces and parks falling to developers, based on city ‘rules’ rather than the State law.
I hope all of you will think hard about how to help and communicate going forward in an effective community and parks/garden based publicity effort.
There will a meeting about this on Nov 6th – I’ll keep you posted.
This Saturday, October 18, More Gardens & HONK NYC is presenting the East Village Cavalcade for Community Gardens from 2-6pm.
HONK is an international activist brass band extravaganza and for the third collaborative year with More Gardens!
they are marching through to the Lower East Side to highlight preservation and self-governance of community gardens worldwide.
Bring family & loved ones; it’s going to be a special day.
Wear your greenest clothes, turn into a bright red tomato or a beaming sunflower. Bring a banner, sign and your dancing feet.
Three brass bands will march from three different community gardens en route to Tompkins Square.
Cavalcade # 1 will begin at Oasis community garden (map 37 E 8th Street) be there by 2:00 pm;
Cavalcade #2 will start at El Jardin del Paraiso (map 704 E 5th Street) be there by3:30pm and
These international bands will cavalcade to various community gardens with you and converge at Tompkins Square Park for a finale to behold.
Come early for banner making and face painting at 11 am at Children’s Magical Garden, (map 129 Stanton St.).
If your garden would like to host additional bands contact Aresh email@example.com
All greening groups and neighborhood organizations are invited to participate and table at Tompkins Square. Please Call Aresh at 917-518-9987 to confirm or just bring your table. This is a continuation of the Climate Change March, support Mother Earth and celebrate our community gardens! United we Grow!