JUDICIAL DEVELOPMENTS

August 2008

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New York Trial Court Finds New York City Has Riparian Rights through Industrial Park
City of New York v. Gowanus Industrial Park

Defendant Gowanus Industrial Park (GIP) became embroiled in a dispute with the City of New York over a fence that defendant constructed to prevent vandals from entering its property. Defendant had obtained approval from the city and writing in both October of 2005 in May of 2006 and struck the fence. Defendants view is that the fence is and appropriate improvement prevents trespassers as well as safeguards against a “attractive nuisance.” The city claimed in response that constructing the fence unreasonably interfered with the city’s riparian rights by preventing access to the Red Hook Recreation Area, a city owned and operated public park. Although the court expressed a clear preference for a mediated resolution, neither party would budge. The court held that the city does have rights, that a fence approved by the city wrongfully and unreasonably interfered with the city’s rights, and that the fence was a public nuisance.