Legal Opinion

Trustees of Southampton v. Heilner

New York Supreme Court

Decided October 16, 1975PublishedCited by 5 opinions

1Opinion of the CourtGeorge F. X. McInerney, J.

This very involved and exhaustively prosecuted and defended action arose out of the efforts of the defendant DeMarco to buy a plot of land in Shinnecock Bay from defendant Heilner and erect a motel on it.

The plaintiffs sought (1) a permanent injunction against the *320defendants filling in land below the traditional high-water mark at the edge of the land which they alleged was theirs, or against trespassing upon it; (2) a declaratory judgment describing the boundaries of the plaintiffs’ lands abutting the shore line of defendant’s property; (3) a declaration of an existing easement in favor of…

2Cases cited27 opinions

  1. Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
  2. Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
  3. Morgan v. . KingNew York Court of Appeals · 1866
  4. Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
  5. Mulry v. . NortonNew York Court of Appeals · 1885

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3Cited by5 opinions

  1. Nilsen v. Tenneco Oil Co.Supreme Court of Oklahoma · 1980
  2. Dove v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 2004
  3. United States v. Emma M. Kane, Town of North Hempstead, Emma M. Kane v. Clifford L. Alexander, Jr., Secretary of the Army, on Counter-Claim-AppelleeCourt of Appeals for the Second Circuit · 1979
  4. 31 Alanson Lane, LLC, and Matthew Vastola, on behalf of themselves and Others Similarly Situated v. Town of Southampton, the Town Board of Southampton, comprised of: Jay Schneiderman – Supervisor, and Councilpersons John Bouvier, Rick Martel, Cyndi McNamara, and Tommy John Schiavoni, each in their official capacities, Trustees of the Freeholders and Commonalty of the Town of Southampton, comprised of: Scott M. Horowitz, William Pell IV, Edward J. Warner, Jr., Ann Welker, and William Parash, each in their official capacitiesDistrict Court, E.D. New York · 2026
  5. Nilsen v. Tenneco Oil Co.Supreme Court of Oklahoma · 1980

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