Johnson v. Town of Brookhaven
Court: Appellate Division of the Supreme Court of the State of New York; August 12, 1996; New York; State Appellate Court
The Supreme Court of Suffolk County ruled that the Master License Agreement between the Town of Brookhaven and West Meadow Beach Cottage Owners, Inc. is invalid, ordering the removal of privately-owned cottages from public park land at West Meadow Beach. The judgment, affirmed with costs, emphasizes that dedicated park areas in New York State are subject to a public trust, necessitating explicit legislative approval for any non-park use, either temporary or permanent. The court highlighted that the validity of leases of park land by municipalities hinges on the intended use rather than the user. While leases for public benefit, such as concession stands, are permissible, leases promoting "exclusively private" use or profit-making are deemed invalid. The Town's defense—that the lease revenue would fund restoration of the public parkland—was rejected, as the agreement primarily facilitated private summer cottages, which the court deemed an improper exclusive use of public land. Additionally, the court found the Town's reliance on Municipal Home Rule Law and Town Law to justify the lease misguided, clarifying that these statutes do not authorize the conversion of public parkland into a revenue-generating venture for private benefit. Other arguments presented by the appellants were dismissed as without merit.