In New York, as a general rule, the touchstone of riparian rights has been the ownership of land touching a navigable waterway. See Bromberg v. Morton 64 AD2d 684 [2d Dept 1978]. As a result, unless expressly reserved by deed, if a waterfront lot is partitioned, any resulting lot that no longer physically touches the
The Village of Asharoken Faces A Rising Tide
Rising sea levels and erosion have caused severe damage to Asharoken Avenue, the only road into or out of the Village of Asharoken. These conditions continue to endanger the lives and property of the people that live in Eatons Neck. Yet, despite the potential benefits from a multi-million dollar federally funded project that will protect
Time To Rezone Moriches and Eastport (Again)
If you own property in the Moriches and Eastport area, now is a good time to check your zoning. On July 12, 2016, the Town Board of Brookhaven, on its own motion, rezoned approximately 1400 parcels, which included about 1,200 acres in Moriches, Center Moriches, East Moriches and Eastport (the “Greater Moriches Area”). Spearheaded by
Pine Barren Credits – There’s Money In Those Trees
On July 14, 1993, the Long Island Pine Barrens Protection Act was signed into law by Gov. Mario Cuomo, creating one of the largest comprehensive land management plans in New York history.
After the State Legislature determined to protect approximately 100,000 acres of the Long Island Pine Barrens, the towns of Brookhaven, Riverhead and Southampton
Leonardo DiCaprio Won’t be Vaping In Lindenhurst Any Time Soon
Turns out Oscar winner Leonardo DiCaprio can’t vape at the Oscars or in the Village of Lindenhurst.
On March 2, 2016, the Village was the first municipality to crack down on this latest smoking trend – vaping. The Village adopted a moratorium prohibiting any new vape stores from being opened in the Village’s business
The Tide Has Turned: Southampton Trustees’ Appeal to Regulate Shoreline Structures Denied
Villages of Quogue and West Hampton Dunes – The New York Court Of Appeals recently rejected the Town of Southampton Trustees’ appeal to regulate structures along the shoreline in the incorporated villages of the Town. The cases involved parallel Second Department decisions in the villages of Quogue and West Hampton Dunes, where homeowners constructed shoreline-protecting
Southampton Trustees’ Jurisdiction Erodes
Like waves hitting a sandcastle, the Appellate Division, Second Department, dealt a serious blow to the perceived authority and jurisdictional reach of the Southampton Town Trustees in three recent decisions, (Semlear v. Incorporated Village of Quogue, 2015 NY Slip Op 03345 (April 22, 2015), Semlear v. Albert Marine Construction, 2015 NY Slip Op
Private Covenant Defeats “McMansion”
Although the law has long favored the free and unencumbered use of property, the Broadway Flushing Homeowners Association, Inc. (“BFHA”) recently obtained a legal victory upholding a 1909 private covenant that continues to preserve the park-like character of its suburban neighborhood in North Flushing. See, Broadway Flushing Homeowners’ Association, Inc. v Eastern NY Enterprises,
Drawing a Line in the Sand: Court Defines Southampton Trustees’ Authority To Regulate Erosion Protection Structures Along the Shoreline
In an area of shifting sands, the Suffolk County Supreme Court in Semlear, et al. v. Albert Marine Construction, Inc., delineated property rights landward of the crest of the dune, the “line of demarcation”, and the rights of the Southampton Town Trustees to regulate the placement of shoreline protection structures along the beaches of the
Stopping the Clock in a Zoning Enforcement Proceeding
Who says, “You can’t fight City Hall”? In New York, a “stop work order” or a temporary restraining order can be issued by a municipality upon a person or company who is in violation of a zoning ordinance. Both of these are severe in nature, placing an immediate halt on any work or construction. The