Legal Opinion

Malloy v. Incorporated Village

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 2004PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

In 1996 the respondent Board of Trustees of the Incorporated Village of Sag Harbor (hereinafter the Board) enacted Local Law No. 2 (1996) of Village of Sag Harbor (hereinafter the Waterways Law) which, in relevant part, regulated the speed, operation, and mooring of vessels up to 1,500 feet from the southern shore of Sag Harbor. The petitioner claims ownership rights in certain underwater lands and operates a marina that falls within the area regulated under the Waterways Law. He commenced this hybrid proceeding and action, seeking, inter alia, to have the Waterways Law…

3Cases cited10 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  3. Har Enterprises v. Town of BrookhavenNew York Court of Appeals · 1989
  4. MATTER OF MERSON v. McNallyNew York Court of Appeals · 1997
  5. Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875

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4Cited by3 opinions

  1. Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Village of Huntington Bay v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2025
  3. Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013

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