Capruso v. Village of Kings Point

The Village of Kings Point adopted a proposal to build a facility in Kings Point Park. Plaintiffs filed an action against the Village, its Mayor and its Board of Trustees seeking to enjoin the Village’s proposed project and its current use of a portion of the Park for storage as unlawful uses of parkland in violation of the public trust doctrine. The State then filed an action against the Village seeking relief with respect to the Village’s proposed project. Supreme Court granted summary judgment for the State and Plaintiffs, permanently enjoining Defendants from proceeding with the project and from obstructing existing access to the Park and directing the Village to remove the materials being stored in the Park. The Court of Appeals affirmed, holding (1) the causes of action challenging the proposed project were not barred by the statute of limitations; and (2) the continuing wrong doctrine applied to toll the statute of limitations on Plaintiffs’ claims regarding the ongoing use of parkland alleged to violate the public trust doctrine. View "Capruso v. Village of Kings Point" on Justia Law