Legal Opinion
Town of Hempstead v. Oceanside Small Craft Marina, Inc.
New York Supreme Court
Decided June 24, 1970PublishedCited by 2 opinions
1Opinion of the CourtBertram Harnett, J.
Can the Town of Hempstead require a commercial marina operator to pay rent for piers, pilings and floats maintained on town underwater lands? Does it matter if the installations are primarily used for access to the marina property upland? Suppose the operator conducts a dock rental business on the town-owned portions ?
Oceanside Yacht Harbor, Inc. (called “ Yacht Harbor ”) owns about 900 feet of frontage on the banks of East Rockaway Channel, a navigable waterway. The land under those tidal waters belongs to the Town of Hempstead, which derives its title from colonial patents.
Yacht Harbor’s…
2Cases cited13 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Hilt v. WeberMichigan Supreme Court · 1930
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Town of Hempstead v. Oceanside Yacht Harbor, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Romart Properties, Inc. v. City of New RochelleNew York Supreme Court · 1971