The state’s highest court on Thursday green-lighted a controversial, pricey restaurant slated for Union Square — saying the eatery was a valid use of the public park.
“The restaurant here does not run afoul of the public-trust doctrine for lack of a park purpose,” a six-judge Court of Appeals panel wrote in a unanimous decision.
The ruling is a win for departed Mayor Michael Bloomberg, whose administration granted a license to Chef Driven Market, headed by Simon Oren of 5 Napkin Burger fame.
The eatery will be built in the pavilion at the northern end of the 3.6 acre park and is a centerpiece of Bloomberg’s $20 million renovation plan for the square.
Opponents of the plan, who argue that the eatery is too pricey with entrée costs up to $33.95, had hoped the new “tale of two cities” Mayor de Blasio would change course.
“We are obviously disappointed,” said Geoffrey Croft, a plaintiff and head of NYC Park Advocates.
Another opponent of the café, State Assemblyman Richard Gottfried (D-Manhattan), challenged De Blasio to use his authority to cancel the license.
“We are calling on the mayor to cancel this Bloomberg-era contract and instead return the historic Union Square Pavilion to the children and the community,” Gottfried said.
“The area around Union Square Park has the least amount of playground space and the highest concentration of restaurants in the city and it is therefore terrible public policy to transform municipal parkland into a commercial use,” Gottfried said.
“Our parks should not be for sale,” he added.
But a de Blasio-administration attorney told the Court of Appeals last month that eatery was within the budgets of well-heeled New Yorkers.
“We’re talking about, by Manhattan standards, very reasonable prices,” city attorney Deborah Brenner said during oral arguments.
A sample menu already approved by the Bloomberg administration includes baked goods for $1.95, omelets for $17.95, dinner entrees reaching to $33.95 a plate and desserts priced between $7.95 and $14.95.
The parks commissioner will also approve the seasonal cafe’s hours and staffing.
The appeals court said that the city’s Parks Department commissioner has “broad power” and “discretion” to decide what constitutes a park purpose.
Brenner gave the ruling a hearty endorsement.
“This is a win for the community,” she said. “The café will offer affordable, high-quality food for park-goers, including breakfast for as low as $1.95. And prices may not be increased without the city’s consent.”
The city will get up to $450,000 a year from the eatery’s 15-year lease.
The market has also agreed to use fresh produce from the square’s Greenmarket vendors and will host at least 10 annual charitable events.
The renovation has “tripled the size of an adjoining playground,” Brenner said.