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TN. OF HEMPSTEAD v. OCEANSIDE MARINA

64 Misc.2d 4 (1970)

Town of Hempstead et al., Plaintiffs, v. Oceanside Small Craft Marina, Inc., and Oceanside Yacht Harbor, Inc., Defendants.

Supreme Court, Special Term, Nassau County.

June 24, 1970

Attorney(s) appearing for the Case

Howard E. Levitt, Town Attorney (George C. Pratt of counsel), for plaintiffs. Lapp, Schacher & Bradie for Oceanside Yacht Harbor, Inc., defendant.

BERTRAM HARNETT, J.

Can the Town of Hempstead require a commercial marina operator to pay rent for piers, pilings and floats maintained on town underwater lands? Does it matter if the installations are primarily used for access to the marina property upland? Suppose the operator conducts a dock rental business on the town-owned portions?

Oceanside Yacht Harbor, Inc. (called "Yacht Harbor") owns about 900...

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