Legal Opinion

The Matter of Senator Tony Avella v. City of New York

New York Court of Appeals

Decided June 6, 2017No. 54PublishedCited by 34 opinions

1Opinion of the Court

*429OPINION OF THE COURT

Wilson, J.

Plaintiffs — a state senator, not-for-profit organizations, businesses, taxpayers, and users of Flushing Meadows Park, brought this hybrid CPLR article 78 proceeding and declaratory judgment action in Supreme Court seeking to enjoin the proposed development of parkland in Queens. The proposed development, “Willets West,” involves the construction of a shopping mall and movie theater on Citi Field’s parking lot, where Shea Stadium once stood.

Following New York’s loss of both the Dodgers and Giants, Mayor Wagner, determined that New York City should have a National…

2Cases cited18 opinions

  1. Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
  2. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  3. DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
  4. Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984
  5. Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012

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3Cited by34 opinions

  1. Town of Aurora v. Village of E. AuroraNew York Court of Appeals · 2018
  2. Matter of Troy Sand & Gravel Co., Inc. v. FlemingAppellate Division of the Supreme Court of the State of New York · 2017
  3. Windward Bora LLC v. SotomayorCourt of Appeals for the Second Circuit · 2024
  4. 61 Crown St., LLC v. City of Kingston Common CouncilAppellate Division of the Supreme Court of the State of New York · 2022
  5. MacNeil v. BerryhillCourt of Appeals for the Second Circuit · 2017

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