New York City: Files NYC Columbia College Walk Easement Lawsuit

• New York City has agreed to take legal action against Columbia University to reopen College Walk, a pedestrian pathway on its campus.
• The city's decision, under Mayor Zohran Mamdani, reverses a previous stance and is based on a 1953 agreement requiring public access.
• Columbia University closed the walkway in 2023 due to pro-Palestine demonstrations, asserting it is private property despite decades of public use.
• Neighborhood residents filed a lawsuit two years ago, arguing the closure is unauthorized and creates a public nuisance.
• The 1953 easement mandated the university build a 20-foot-wide public walkway, which the city argues was not restricted to university affiliates.

This case underscores the enduring enforceability of historical public easements and the potential for legal challenges when institutions restrict access to properties subject to such agreements.

New York City has committed to initiating prompt legal proceedings against Columbia University, aiming to compel the institution to restore public access to a pedestrian pathway traversing its upper Manhattan campus. This significant development follows a reversal in the city's stance under Mayor Zohran Mamdani, who now agrees with plaintiffs that a 1953 agreement mandates the walkway's public availability. The city's previous administration, under Mayor Eric Adams, had initially sought to dismiss a lawsuit brought by neighborhood residents concerning the closure.

This shift in position culminated in a state judge signing off on a stipulation this past Wednesday. As a direct consequence of the city's pledge to take legal action and its acknowledgment that the pathway must be reopened, New York City, its mayor, and the police commissioner have been removed as defendants from the ongoing lawsuit. The stipulation explicitly states that if the thoroughfare, known as College Walk, is not immediately reopened to the public, the city intends to pursue legal remedies to ensure Columbia complies with its historical practices regarding the pedestrian route.

The core of the dispute, known as the NYC Columbia College Walk easement lawsuit, hinges on a public easement established on April 1, 1953. This foundational agreement stipulated that the university was required to construct a 20-foot-wide pedestrian walkway on the portion of the street released to it by the city. For seven decades, this pathway, connecting Broadway and Amsterdam avenues, served as a vital public artery, facilitating easy passage and functioning as a community gathering space on the Columbia University 116th Street walkway.

Despite this long history of public use, Columbia University maintains that College Walk is private property. The institution restricted access to the pathway in 2023, limiting entry to students and staff, following a period of pro-Palestine demonstrations and encampments on campus. The university cited concerns for campus safety, specifically referencing protests related to Israel's bombing campaign in Gaza, as its rationale for locking down the walkway. However, Steven Banks, corporation counsel for New York City, emphasized in court that the 1953 agreement does not specify that the pedestrian walkway was intended exclusively for Columbia University students, faculty, staff, or authorized guests.

The closure of the Columbia University 116th Street walkway has drawn strong opposition from local residents, who initiated legal action two years ago. Represented by attorney Toby Golick, a professor emerita at Cardozo Law and a longtime neighborhood resident, the plaintiffs contend that the university's action is unauthorized and creates a public nuisance. This includes significant inconvenience for mobility-impaired individuals and families with young children who relied on the passage. Interestingly, a survey of Columbia students conducted last year revealed that over half considered the campus closure unjustified, with 78% expressing comfort with the idea of reopening the campus.

This case underscores the enduring enforceability of historical public easements and the potential for legal challenges when institutions restrict access to properties subject to such agreements. While New York County Supreme Court Judge David Cohen denied a preliminary injunction in April, the city's renewed commitment to public easement enforcement NYC signals a robust legal battle ahead. The university's attorney, Joseph Greenway Jr., acknowledged before Judge Cohen that the central argument for both sides revolves around the existence and scope of a public easement, rather than the city's current interpretation of the 1953 Columbia walkway agreement.

This development highlights the enduring enforceability of historical public easements and the potential for legal action against institutions that restrict public access to properties subject to such agreements. Lawyers advising universities or other large landowners should review existing easements and land use agreements to ensure compliance, particularly when considering changes to public access policies.

Source: Original reporting via Courthouse News