Legal Opinion
Matter of Oystermen's Dock Co. v. Downing
New York Court of Appeals
Decided January 5, 1932PublishedCited by 6 opinions
1Opinion of the CourtPound, J.
This case comes before the court for review on the law and the facts and the exercise of discretion by the Appellate Division. (New York Const. art. VI, § 7; Civ. Prac. Act, § 589; Matter of Flagler, 248 N. Y. 415.)
The town of Oyster Bay holds common lands under water in private, as distinguished from public, ownership which it may convey or lease (Tiffany v. Town of Oyster Bay, 209 N. Y. 1; Town of Islip v. Estates of Havemeyer Point, 224 N. Y. 449, 452), subject to the public right to navigate the waters.
By Laws 1920, chapter 157, the town board was authorized to lease the common lands of…
2Cases cited8 opinions
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Coxe v. . StateNew York Court of Appeals · 1895
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- Matter of FlaglerNew York Court of Appeals · 1928
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3Cited by6 opinions
- Elkind v. City of New RochelleNew York Supreme Court · 1957
- In re NorthAppellate Division of the Supreme Court of the State of New York · 1933
- In re International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Federal Land Bank v. PickardNew York Supreme Court · 1938
- Buffalo & Fort Erie Public Bridge Authority v. City of BuffaloNew York Supreme Court · 1999
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