State v. Lang

This is a motion by plaintiff for summary judgment for the injunctive relief demanded in the complaint. Defendant cross-moves for judgment dismissing the complaint and for summary judgment on his counterclaim.

The State has instituted this action against a private land owner for an injunction restraining him from filling, dredging or otherwise altering tidal wetlands and adjacent areas owned by him in the Town of Southold, Suffolk County, and directing him to remove all fill materials placed thereon and restore the land to its prior condition. Its complaint alleges that defendant placed fill…