Neighbors for a True Oasis v. Village of Port Washington North

A lawsuit filed in the New York Supreme Court challenged a plan by a village on Long Island, New York to sell a 7.45-acre forested area for development of 44 townhomes. The petitioners alleged that the area had been dedicated for use as permanent open space in connection with an earlier development project. The petitioners asserted that the village respondents violated the New York State Constitution’s Environmental Rights Amendment, SEQRA, and the public trust doctrine. The SEQRA cause of action included allegations that the village planning board did not consider adverse impacts of greenhouse gas emissions or the “the creation of ‘heat islands’ through the extensive paving” of the site. The petitioners also asked the court to impose a constructive trust over the area.