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Capruso v. Village of Kings Point, 102

In an action seeking to enjoin defendants' proposed Department of Public Works (DPW) project and its current use of the Western Corner of Kings Point Park for storage of highway materials and supplies, as unlawful uses of parkland in violation of the common law "public trust doctrine," the judgment permanently enjoining defendant from proceeding with the DPW facility project, enjoining defendants from obstructing existing access to Kings Point Park without explicit and specific approval from the State Legislature, and directing defendants to remove all materials, equipment, and physical alterations, including structures, under their control from the Western Corner, is affirmed, where: 1) the causes of action challenging the proposed project are not barred by the statute of limitations; 2) the "continuing wrong" doctrine applies here to ongoing use of parkland alleged to violate the public trust doctrine; and 3) laches cannot bar the State's cause of action, has no application when plaintiffs allege a continuing wrong, and did not apply to the individual plaintiffs' challenge to the proposed use of the Western Corner.

Appellate Information

  • Decided 06/12/2014
  • Published 06/12/2014




  • Court of Appeals of New York


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