Legal Opinion

Plattsburgh Boat Basin, Inc. v. City of Plattsburgh

New York Supreme Court

Decided August 24, 2015Published

1Opinion of the Court

OPINION OF THE COURT

Robert J. Muller, J.

On December 19, 2013, the Common Council of respondent/ defendant City of Plattsburgh enacted Local Law No. P-3 (2013) of the City of Plattsburgh (codified at Code of the City of Plattsburgh ch 200 [Code]), also known as the City of Plattsburgh Mooring Law. The stated purpose of the law “is to regulate the placement, construction and use of moorings in the waters of Lake Champlain adjoining the City . . . to a distance of fifteen hundred (1500) feet from shore ... [in order] to protect the interests of waterfront property owners and the general public”…

2Cases cited9 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Har Enterprises v. Town of BrookhavenNew York Court of Appeals · 1989
  3. C/S 12th Avenue LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Troy Sand & Gravel Co. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 2011
  5. State v. Town of HoriconAppellate Division of the Supreme Court of the State of New York · 2007

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