Oystermen's Dock Co. v. Downing

The lands under the waters of Oyster bay are town lands, held by the representatives of the town of Oyster Bay for the public good. (Tiffany v. Town of Oyster Bay, 209 N. Y. 1; Town of Brookhaven v. Smith, 188 id. 74.) The proposed lease for fifty years at the nominal yearly rental of $100 with a renewal option for a like period, under all the circumstances shown in this case, is not for the public good and should not in equity be sanctioned. Practically, it constitutes a conveyance of the fee under the guise of a lease. It is contrary to the will of the voters of the town as expressed by…