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Matter of Committee to Preserve Brighton Beach and Manhattan Beach, Inc. v. Planning Commn. of the City of New York – Case Brief Summary (New York)

In Matter of Committee to Preserve Brighton Beach and Manhattan Beach, Inc. v. Planning Commn. of the City of New York, (259 AD2d 26, 695 N.Y.S.2d 7 [1st Dept 1999]), the individuals who lived in close proximity to a public park, and an organization dedicated to preserving the neighborhood, were held to have standing to challenge the City's grant of a concession for the construction of a privately owned recreational center in the park.

The Court held that the individuals' affidavits contained allegations constituting injury-in-fact, in particular that the concession would interfere with their use and enjoyment of the park, reduce the amount of open space, cause noise and traffic and increased contaminants in the air, and obstruct their views of the park from their homes (259 AD2d at 32).

In addition, three of the individual petitioners lived in close proximity to the park, and one used it regularly, such that the Court held it was "obvious that many of the alleged injuries would affect the petitioners in a manner wholly distinct from that of the public at large" (id.).