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Judge Favors City in Union Square Park Ruling

NEW YORK CITY-Community activists' lawsuit to halt construction of a privately-operated restaurant in the park's pavilion has been dismissed.

By Paul Bubny | Updated on March 31, 2009

NEW YORK CITY—A state Supreme Court judge has dismissed a lawsuit aimed at preventing the city from opening a restaurant in the Union Square Park pavilion. Construction of the restaurant was halted last May when Justice Jane Solomon, who also issued Monday’s ruling, granted a temporary injunction to the Union Square Community Coalition.

The coalition and other activists had filed suit against the Parks Department and Union Square Partnership, on grounds that opening a privately owned and operated restaurant in the park would violate zoning and environmental review laws and would also be at odds with the Public Trust Doctrine governing the city’s parkland. Solomon dismissed all of these claims.

Pointing out that a restaurant known as Luna Park operated in Union Square Park between 1994 and 2007, Solomon ruled that the city was within its rights to renovate the pavilion to accommodate an eating establishment. The section of the park that had housed Luna Park is being converted for use as an expanded playground, Solomon noted.

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