Legal Opinion · Dissent

State v. Trustees of the Freeholders & Commonalty

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

Decided February 21, 1984Published

1Dissent

O’Connor, J.,

dissents and votes to affirm the judgment, with the following memorandum: I dissent and vote to affirm the judgment annulling certain rules and regulations for the management and products of the waters of the Town of Southampton. This judgment was obtained by the State of New York and the Commissioner of Environmental Conservation on their complaint which alleged, inter alia, that the comprehensive conservation plan of the Fish and Wildlife and Marine and Coastal Resources Laws (ECL arts 11, 13) and regulations promulgated pursuant thereto had pre-empted the entire field of…

2Cases cited14 opinions

  1. City of Trenton v. New JerseySupreme Court of the United States · 1923
  2. Lawton v. . SteeleNew York Court of Appeals · 1890
  3. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  4. Augustine v. Town of BrantNew York Court of Appeals · 1928
  5. Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895

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