NEW HAVEN, Conn., April 9 (UPI) -- A federal judge in Connecticut Monday ruled against Occupy New Haven protesters fighting eviction from the town green adjacent to Yale University.
U.S. District Judge Mark R. Kravitz issued a written decision giving permission for the city of New Haven to remove demonstrators from the green by noon Tuesday, The Hartford Courant reported.
"I'm not surprised but I think the decision was wrong," protester Ray Neal said.
Norm Pattis, attorney for Occupy New Haven, said he was "disappointed" by the ruling, which may be appealed.
"They have until noon tomorrow to decide whether to leave or seek a stay in the 2nd Circuit in New York City," Pattis said. "I think the question of who really governs the green was left unaddressed."
Another judge had previously issued and extended a restraining order preventing the Occupiers from being evicted, and also to allow the group, the city of New Haven and the private committee that purportedly owns the green to prepare legal documents, the Courant reported.
Pattis argument challenged New Haven's authority to enforce its park ordinances on the green. The city could not do so, Pattis argued, because the 16-acre green is private property, a remnant of land New Haven's original settlers bought from the Quinnipiac Indians in 1639.
Lawyers for the city and the proprietors, John R. Horvack Jr. and Alfred U. Pavlis, said it doesn't matter who owns the green, it's public land that's been maintained and regulated by the city.
Occupy protesters will have to remove their dwellings but once they get city permits they'll be allowed back, the newspaper said.