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' (see here). 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.
Best, Ellen
