White's Mill Colony, Inc. v. Williams

KITTREDGE, J.:

In this appeal, we are asked to determine whether an owner of subaqueous land is entitled to exclusive use of a non-navigable body of water created by the owner’s predecessor in title as against other, abutting property owners. Addressing this and other questions below, the special referee enjoined abutting landowners from making any use of the privately owned body of water. We affirm this ruling to the extent White’s Mill Colony, Inc. (the “Colony”) owns the subaqueous land, but vacate that portion of the judgment related to damages and remand the matter for determination of…