Legal Opinion

Gessin v. Throne-Holst

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

Decided September 23, 2015No. 2014-01848PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Miller, J.

For nearly 400 years, the Trustees of the Freeholders and Commonalty of the Town of Southampton (hereinafter the Trustees or the Trust) have had the right, derived from royal land grants and patents, to control and manage the waters of the town. In the present day, the Trustees raise revenue from issuing licenses for activities including commercial fishing, charging permit fees for seasonal boat docking, dock and bulkhead construction, and dredging, and selling sand excavated from Mecox Bay. The Trustees deposit their revenues into several bank accounts, which,…

2Cases cited16 opinions

  1. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  2. Minovici v. Belkin BVAppellate Division of the Supreme Court of the State of New York · 2013
  3. Trustees of the Freeholders & Commonalty of Southampton v. Mecox Bay Oyster Co.New York Court of Appeals · 1889
  4. People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
  5. Beers v. HotchkissNew York Court of Appeals · 1931

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3Cited by4 opinions

  1. Global Companies LLC v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Atanov v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2021
  3. Murphy v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2019
  4. Strough v. Incorporated Vil. of W. Hampton DunesAppellate Division of the Supreme Court of the State of New York · 2018

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