United States v. Kane

MEMORANDUM DECISION AND ORDER

SIFTON, District Judge.

This is an action brought by the United States pursuant to 33 U.S.C. § 406 seeking an order directing defendants to remove two six-foot-high chain link fences which are said to be obstructing public access along the foreshore of property along Manhasset Bay owned by the defendant Town and leased by it to the defendant Kane. An injunction is also sought to restrain defendants from putting the fences up again or extending them without first obtaining authorization from Secretary of the Army, pursuant to 33 U.S.C. § 403. In response to the…