Arnold's Inn, Inc. v. Morgan

At issue in this action, tried by the court without a jury at Special Term, is the defendant Morgan’s right to maintain and use a parcel of filled-in land measuring approximately 245 feet in length and 116 feet in width, extending from the high-water line across the foreshore and into the waters of Manhasset Bay.

The plaintiff owns and operates a restaurant in close proximity to this filled-in area, upon which the defendant Morgan operates a marina and snack bar. In this action, plaintiff seeks a mandatory injunction compelling the removal of the fill, and ancillary relief in the form of…