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Archive | Public Trust

December 7, 2021

East River Park – A Park Not Protected by the Public Trust Doctrine

Some two years ago, on May 9, 2019, I wrote about the Public Trust Doctrine in this blog.  I reported the Court of Appeals’ decision in Matter of Glick v Harvey, 25 NY3d 1175 (2015) where the Court affirmed decisions of lower courts enjoining New York University from beginning any construction 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… read more

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Posted in parklands, Public Trust
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May 4, 2021

A Funny Thing Happened on the Way to the Beach.

A long simmering dispute regarding the public’s use of the beach at Napeague, East Hampton culminated in a trial at Riverhead.  The homeowners landward of the beach brought suit against the Town of East Hampton and the Trustees of the Freeholders and Commonalty of East Hampton claiming ownership of the beach. Following a multi-day trial, the Court ruled in favor of the Town and Trustees and dismissed the action.  On appeal, the Appellate Division, Second Department reversed. 191 AD3d 77 (2021). But the proceedings are far from over since the… read more

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Posted in Adverse Possession, Public Trust, Title to Beach
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