RE: NYC Community Garden Settlement

**"Honigman, Adam" A*@Bowne.com**

For those of you who want to read the Judge Leon Ruchelsman's Stipulation of
Agreement and Order: 

sUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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STIPULATION OF AGREEMENT AND ORDER Index No.: 15942/99 Hon. Leon Ruchelsman

THE STATE OF NEW YORK by ELIOT SPITZER, ATTORNEY GENERAL OF THE STATE OF NEW
YORK, Plaintiff, -against- THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, and THE NEW YORK CITY
DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Defendants.

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WHEREAS, plaintiff State of New York ("State") commenced this action on May
11, 1999 seeking, among other things, to restrain the sale and/or
development of City-owned GreenThumb community gardens by defendants the
City of New York, the New York City Department of Housing Preservation and
Development, and the New York City Department of Citywide Administrative
Services (collectively, the "City"); and
WHEREAS, on May 12, 1999, a preliminary injunction was issued enjoining the
City's proposed sale at auction of approximately 115 GreenThumb community
gardens; and
WHEREAS, the City subsequently transferred 105 of the aforementioned gardens
to not-for-profit land trust organizations for preservation as community
gardens or open space; and 
WHEREAS, a Temporary Restraining Order ("TRO") was first entered on February
15, 2000 prohibiting the City from physically altering or selling any
City-owned GreenThumb community gardens; and
WHEREAS, the TRO was extended on March 1 and March 15, 2000; and 
WHEREAS, the City denies the State's allegations as set forth in the
Complaint; and
WHEREAS, the parties have entered into a Memorandum of Agreement dated
September 17, 2002, a copy of which is annexed hereto and is for
informational purposes only; and
WHEREAS, the parties now desire to resolve the issues raised in this
litigation, without further proceedings and without admitting any fault or
liability; 
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
undersigned counsel on behalf of the respective parties, and Ordered by the
Court as follows:
1.	This action is dismissed with prejudice, and without costs,
expenses, or fees by or to any party; and 
2.	This Stipulation of Agreement and Order supercedes all previous
Court orders prohibiting the City and its agencies from physically altering
or selling any City-owned GreenThumb garden lots; and

3.	All previous orders of this Court as they pertain to this action are
hereby vacated.
Dated:	New York, New York	
September 17, 2002

ELIOT SPITZER					MICHAEL A. CARDOZO
Attorney General of the				Corporation Counsel of the
 State of New York					  City of New York 
Attorney for Plaintiff					Attorney for
Defendants
The Capitol						100 Church Street
Albany, NY   12224					New York, NY   10007
(518) 473 - 3105					(212) 788 - 0598

By:_____________________________
By:_____________________________
	Christopher A. Amato					Chris Reo
	Deputy Chief						Associate
Counsel
	Environmental Protection Bureau			Environmental Law
Division

SO ORDERED:

___________________________
	J.S.C.

>  -----Original Message-----
> From: 	Honigman, Adam  
> Sent:	Wednesday, September 18, 2002 1:17 PM
> To:	'community_garden@mallorn.com'
> Subject:	NYC Community Garden Settlement 
> 
> Friends,
> 
> Settlement of the NYC Garden Lawsuit was announced today at 10 am. There
> has
> been a news conference in City Hall ( gardeners were not able to get in,
> surprise, surprise...)
> And there will be another at the Attorney General Spitzer's office at 120
> Broadway in a few minutes. It ain't perfect, but it's amazing at how far
> we
> got. The consensus is that it has  been a wild ride  and the real work is
> just beginning. Thanks to all of you in the American Community Gardening
> Association family ( in North America and beyond) who have given us so
> much
> material and moral support. 
> 
> http://www.oag.state.ny.us/environment/community_gardens_man.html
> 
> Adam Honigman
> Volunteer, Clinton Community Garden

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