United States Second Circuit

Publicly owned properties surrounding an airport, which for almost 30 years have been made available to the public for use as a park though never permanently designated as such, are "parklands" subject to the protections of section 4(f) of the Department of Transportation Act. Defendants were required to perform the analysis set forth in 4(f) before approving the proposed construction.

Appellate Information

• Decided 12/12/2003
• Published 12/12/2003

Judges

• Before:  VAN GRAAFEILAND, MINER and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John W. Caffry, Esq., Glens Falls, NY, for Plaintiffs-Appellants., Richard B. Golden, Burke, Miele & Golden, LLP, Goshen, NY, for Amicus Curiae Stewart Regional Alliance.


• For Appellees:
  
• James C. Woods, Assistant United States Attorney for the Northern District of New York, Albany, N.Y. (Glenn T. Suddaby, United States Attorney for the Northern District of New York, Kenneth Dymond, Assistant Regional Counsel, Federal Highway Administration, on the brief), for Defendants-Appellees Rodney E. Slater, United States Department of Transportation, Kenneth R. Wylke, and Federal Highway Administration., Lisa M. Burianek, Assistant Attorney General of the State of New York, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Marion R. Buchbinder, Assistant Solicitor General, Daniel Chepaitis, Assistant Solicitor General, on the brief), for Defendants-Appellees Louis R. Tomson, New York State Thruway Authority, Joseph H. Boardman, and New York State Department of Transportation.