Capune v. Robbins

We consider first whether defendant had a legal right to forbid and prohibit plaintiff from passing under the pier on his paddleboard.

The Federal Statute, 33 U.S.C.A. § 403, relating to the obstruction of navigable waters, required that defendant’s predecessor, before constructing a pier, obtain permission to do so from the U. S. Corps of Engineers. Otherwise, the issuance of the permit did not enlarge or impair defendant’s littoral rights.

Subject to the authority and rights of the United States respecting navigation, flood control and production of power, Congress, by enactment of the…