Legal Opinion
Town of Oyster Bay v. Commander Oil Corp.
New York Court of Appeals
Decided October 18, 2001PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Does a riparian owner have the right to conduct “maintenance” dredging of public underwater lands? We conclude that a riparian owner may dredge if dredging is necessary to preserve reasonable access to navigable water and does not unreasonably interfere with the rights of the underwater owner. Because the courts below did not apply this standard, we reverse the Appellate Division order permanently enjoining the dredging, and remit the matter to Supreme Court for proceedings consistent with this opinion.
I
Since 1929, defendant Commander Oil Corporation has…
2Cases cited11 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- Van Cortlandt Park v. City of New YorkNew York Court of Appeals · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Aurecchione v. New York State Division of Human RightsNew York Court of Appeals · 2002
- Romeo v. SherryDistrict Court, E.D. New York · 2004
- Ford v. RifenburgAppellate Division of the Supreme Court of the State of New York · 2012
- City of New York v. Gowanus Industrial Park, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Custom Topsoil, Inc. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2011
19 more not listed; retrieve them via the Exa API.