Legal Opinion
Matter of Del Balso H. Corp. v. McKenzie
New York Court of Appeals
Decided July 8, 1936PublishedCited by 8 opinions
1Opinion of the CourtCrouch, J.
The sole question before us is whether or not the city of New York may exact rent as one of the conditions for granting a permit to the petitioner for the construction of a pier upon lands under water in West-chester creek.
The petitioner alleges that it is the owner in fee simple absolute of certain described premises, which include the locus of the proposed pier, and that those premises consist “ of upland as well as land beyond the mean high-water mark and adjacent and in part under Westchester Creek.” The city denies the allegation of ownership. It says, further, that the alleged upland is…
2Cases cited2 opinions
- 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
3Cited by8 opinions
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Brusco Towboat Co. v. State Ex Rel. State Land BoardOregon Supreme Court · 1978
- City of New York v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1942
- Town of Hempstead v. Oceanside Small Craft Marina, Inc.New York Supreme Court · 1970
- City of New York v. Swift & Co.New York Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.