1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 19 N.Y.2d
  5. 19 N.Y.2d 192 (1967)
 

MATTER OF BERNHARD v. CASO

19 N.Y.2d 192 (1967)

In the Matter of Robert A. Bernhard et al., Respondents, v. Ralph G. Caso et al., Constituting the Town Board of the Town of Hempstead, Appellants.

Court of Appeals of the State of New York.

Decided February 23, 1967.

Attorney(s) appearing for the Case

John A. Morhous, Town Attorney (John F. O'Shaughnessy of counsel), for appellants.

David Halperin and Bernard Tannenbaum for respondents.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL concur with Judge SCILEPPI; Judge VAN VOORHIS dissents and votes to affirm in a separate opinion.

SCILEPPI, J.

Petitioners purchased an 11-acre tract of land in the Town of Hempstead for the purpose of constructing a sub-division of one-family dwellings. This land lies wholly below the mean high water mark and, unless said property is filled and thereby elevated, petitioners will not be able to build on it. The petitioners proposed to fill and elevate their land with sand dredged from a nearby underwater...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases