Dolphin Lane Associates, Ltd. v. Town of Southampton

We hold that it was error as a matter of law for the lower courts in this case to ground determination of the location of the high-water line along the southern shore of Shinnecock Bay and thus the location of the northern boundary of appellant’s property in the Town of Southampton by reference to the type-of-grass test introduced by respondent town.

It is not seriously disputed in formulation that the northern boundary line of appellant’s property facing on Shinnecock Bay is the high-water line. The lower courts so held and we concur. The sharp dispute between the parties, joined by others…