Court stops the installation of Air Stripper in Christopher Morley Park, Roslyn

Temporary Injunction Issued to Protect Christopher Morley Forest;Judge's Order Overturns Nassau Ordinance Used to Block Rally There

On June 25, 2014. After going to Nassau Supreme Court on an emergency basis Tuesday,  plaintiffs from the Roslyn area obtained a Temporary Restraining Order to protect the 33-acre recreational forest at Christopher Morley Park  from any work to install an "air-stripper" for the Roslyn Water District.

The order to preserve the "status quo" in the forest was granted after an emergency hearing due to the imminent expiration of a Statute of Limitations on one decision the plaintiffs were challenging, from February. The emergency also dealt with the imminent destruction of dozens of trees in the forest.

The order is due to remain in effect until the next court hearing which is currently scheduled before assigned Justice James P. McCormack, next Wednesday July 2, 2014. Justice F. Dana Winslow signed the present TRO as a Special Term judge for the day.

The three agencies challenged are Nassau County, which owns and runs Christopher Morley Park, the Town of North Hempstead, and the Roslyn Water District. The Water District is a Special Improvement District of the Town, which appropriates money for its capital budget, such as the air-stripper project.

Meanwhile, a Nassau County ordinance used to prevent protests and demonstrations at County parks was overturned by a State Supreme Court judge in an order dated June 13, after a challenge by environmental activist Richard Brummel, who was initially denied a permit to protest the plans for Christopher Morley Park.

The Nassau County Legislature may act on the Roslyn Water District project at its next meeting Monday, June 30 at 1 PM. The State Legislature has approved the loss of parkland, and the law is awaiting Governor Cuomo's signature.  

Planet-In-Peril.org and two residents of Roslyn Estates who live very close to the Christopher Morley forest challenged various official actions up to June 22, 2014 as being in gross violation of numerous provisions of NY state environmental protection law.

The Park Advocacy & Recreation Council of Nassau (PARCnassau), The Sierra Club LI Group and the Green Party of Nassau County have also opposed the use of the Christopher Morley Park  for the air-stripper.

The Water District claims the facility is perfectly safe for neighbors, pointing to dozens of such facilities in residential neighborhoods across Long Island, and had planned to locate it on its own property before a chorus of opponents pushed them to try to locate it in the Park.

The air-stripper project in Roslyn would involve cutting a 320-foot road through a vibrant forest and walking trail, leading to a half-acre compound with a 30-foot tall building that would emit a constant hum, as well as putting toxic chemicals into the atmosphere 24/6. 

The proposed site of the facility is only 150 feet from a camping area used by Boy Scouts for overnight camping, and the project would involve the destruction of about 50 healthy, towering trees including Tulip-trees and Oak trees.

Despite many serious environmental impacts such as those, the project was essentially 'waved through' by local officials and not subject to any substantial, complete environmental review by any of the government agencies, in violation of the State Environmental Quality Review Act (SEQRA), the lawsuit charges.

Information and legal papers on the Christopher Morley lawsuit are posted online at Planet-in-Peril.org, under "Environmental Action Update June 24, 2014".

In an earlier action over the protest permits, environmental activists, who are also part of the second action, sued the County to hold some rallies in Christopher Morley Park to draw attention to the water project, which many park users are not aware of.

When the County denied the permits, the courts were asked to force the permits. Justice Anthony Parga refused to grant an injunction, but the County relented anyway and issued several permits.

Later after an argument outlined that the County was violating freedom of speech and freedom of assembly guarantees under the state and federal constitutions. Justice Roy S. Mahon approved the relief he sought because the order was "unopposed."

After Nassau issued permits, rallies were held at Christopher Morley Park on four days in early June, two of which featured speakers from the Sierra Club LI Group and the Green Party of Nassau County, as well as Bruce Piel from the Park and Recreation Council of Nassau (PARCNassau).

A petition with about 300 signatures of Park users opposing the project was gathered in the Park over three weekends. A petition with 150 signatures was submitted to the County Legislature before they approved the alienation Home Rule Message on June 2. The voice-vote was unanimous.