Miller v. City of New York

In Miller v. City of New York, 15 N.Y.2d 34 (1964), legislative approval was required for "an agreement with a private business corporation granting the latter the right to construct on a 30-acre site in a public park in the Borough of Queens a golf-driving range with accessory buildings including a parking lot, shops etc., and to operate the enterprise on a percentage rental basis for 20 years with certain termination rights reserved to the Commissioner." Notwithstanding the unmistakable fact that golf is recreational and may, under certain circumstances, be consistent with park purposes, see, e.g., Matter of Committee to Preserve Brighton Beach and Manhattan Beach, Inc. v. Planning Commn. of City of New York, 259 A.D.2d 26, 36, 695 N.Y.S.2d 7 (1st Dep't 1999) (concession for the construction and operation of a privately owned recreational facility, which included a golf-driving range, a miniature golf course, a domed in-line skating rink and batting cages did not violate the public trust doctrine simply because a fee was charged for some of the services provided), the Miller Court concluded that the arrangement was "not a mere revocable license or grant of a privilege or concession to do particular acts appropriate in a public park." (Miller v. City of New York, supra, 15 N.Y.2d, at 37.)