McCartin Leisure Industries, Inc. v. Baker

This is an appeal by one Evert Baker and his legal guardian, Robert E. Baker, from a judgment in the Superior Court, Suffolk County, declaring that Evert Baker’s profit á prendre to remove sand from the plaintiffs land has ceased to exist. The case was brought by McCartin Leisure Industries, Inc., in May, 1974, and was referred to a master in September, 1975.

After a hearing, the master found that the sanding rights in question had been granted for the purpose of cultivating cranberries on the land now owned by Evert Baker (Baker). The master concluded that the use of these rights had been…