Archive | Public Trust Doctrine

Napeague (Truck) Beach – It’s Not Over Yet

Napeague Beach in Amagansett, East Hampton, New York has been used by the public for decades.  In 2009, Homeowner Associations above the beach commenced an action claiming that they owned title to the beach.  They also claimed that the use of the beach by trucks driving on the beach and parking whilst enjoying the ocean constituted a nuisance. After a 5-day trial in the Supreme Court in Riverhead, the Trial Court, Hon. Ralph T. Gazzillo dismissed the action.  The Trial Court found that plaintiffs did not establish their ownership to… read more

Posted in Napeague Beach, Prescriptive Right of Access, Public Trust Doctrine
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LITIGATING THE PUBLIC TRUST DOCTRINE IN NEW YORK. A PARK IS A PARK UNLESS IT’S NOT.

          New York’s highest court, the Court of Appeals, decided Matter of Glick v Harvey.[1]  The appeals court affirmed the reversal of a lower court order which enjoined New York University from beginning any construction in connection with its expansion project that would result in any alienation of three parcels of land found by the Court to be public parkland, unless and until the State Legislature authorizes the alienation of any parkland to be impacted by the project.  The decision itself provides very little factual information.  According to an article… read more

Posted in Condemnation, parklands, Public Trust Doctrine, Uncategorized
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HOW DO WE GET TO THE BEACH? PART II. MARTINS BEACH v SURFRIDER FOUNDATION

I first wrote about this subject in our blog dated May 21, 2018.  The United States Supreme Court denied certiorari on October 1, 2018 to Martins Beach 1, LLC v Surfrider Foundation, _____ U.S. _____, 2018 U.S. LEXIS 5704.  The Court refused to hear an appeal by an owner to overturn a ruling that a beach access path must stay open. The access to the beach was located near Half Moon Bay, California.  The property never had public access.  The beach could only be accessed by driving down a private… read more

Posted in Beach Access, Per Se Taking, Public Trust Doctrine
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