Public trust claim over Buffalo’s Humboldt Parkway survives dismissal; “along” is not “within”

Holding The court held that the State defendants’ motion to dismiss the public trust doctrine claim was properly denied because factual issues exist regarding whether Humboldt Parkway was dedicated as parkland and whether the legislature explicitly authorized its alienation. Additionally, the court reinstated the Green Amendment claim against the State defendants, finding a justiciable controversy regarding the ongoing operation of the expressway.

Why it matters

The decision addresses the scope of the Green Amendment and the public trust doctrine in the context of highway construction over historic parkland.

It provides a detailed statutory interpretation of the distinction between ‘along’ and ‘within’ in the context of alienating parkland for highway use.

The court’s words

we conclude that the legislature did not explicitly alienate Humboldt Parkway pursuant to Highway Law § 349-e

2026 NY Slip Op 04562, at the official text

factual issues preclude a summary determination of the parties' rights as to plaintiffs' first cause of action

2026 NY Slip Op 04562, at the official text

the acts of a municipality in improving land for park purposes and the use of the land by the public as a park can constitute a dedication

2026 NY Slip Op 04562, at the official text