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Management of the park includes approval of new policies and procedures by tribal representatives "in such a manner that they do not conflict with the park purpose".
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In her order, Judge Gershon considered whether the project was "compatible with public park purposes" and found that it was.
They said that they were "legally obligated to discontinue it" because "land dedicated for park purposes cannot be conveyed or used for any other purpose," according to a statement from the parks department.
And officials at the Palisades Interstate Park Commission, which acts as steward for the land, say the tower would be in a 200-foot zone along the river where construction is barred for things other than park purposes.
They simply asked that "the land forever be used as a park and for park purposes to which the people of Missoula may during the heated days of summer, the beautiful days of autumn, and the balmy days of spring find a comfortable, romantic and poetic retreat".
Despite the protesters' constitutional protections, they were violating the parks' purpose for the public, said Sheryl Neufeld, a lawyer for the city.
"The money can only be used for parking purposes unless the council repeals the existence of the fund".
He convinced the property owners to grant the village an easement for parking purposes and to let it take over maintenance of the area.
The site the power authority would like to use, the Camp Hero section of Montauk Point State Park, is a former military base that the federal government gave to New York State two decades ago for recreational and parks purposes.
He said private housing was "irreconcilably incompatible with a park's purpose and function".
This notwithstanding, a few features of the original park design did serve zoological purposes.
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