Legal Opinion
Romart Properties, Inc. v. City of New Rochelle
New York Supreme Court
Decided July 21, 1971Published
1Opinion of the CourtJohn C. Marbach, J.
Who owns the bed of Titns Mill Pond? Titus Mill Pond is located on the northeasterly portion of a body of salt water known on maps as New Rochelle Creek. The waters in this inlet creek and pond are from Long Island Sound, with tides up to eight feet in the inlet and with no fresh water stream entering into it.
Claiming title from a royal patent of 1666, plaintiffs, in an attempt to construct a multi-family apartment house by filling in this approximately 11-acre pond, have brought a declaratory judgment action to declare the zoning classification permitting one-family dwellings as…
2Cases cited16 opinions
- Rogers v. JonesNew York Supreme Court · 1828
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Lowndes v. HuntingtonSupreme Court of the United States · 1894
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