30 N.Y.2d 48 (1972)

In the Matter of Lake George Steamboat Co., Inc., et al., Appellants, v. Robert M. Blais et al., as Trustees of the Village of Lake George, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 10, 1972.

Attorney(s) appearing for the Case

H. Wayne Judge for appellants.

Frederick G. Bascom for Trustees of the Village of Lake George, New York, respondents.

J. Richard Fitzgerald for Lake George Marine Industries, Inc. and Peter Smith, respondents.

Donald M. Borth for Alden Shaw and Waneta Shaw, respondents.

Judges BURKE, SCILEPPI and BERGAN concur with Judge JASEN; Chief Judge FULD and Judges BREITEL and GIBSON dissent and vote to affirm in a memorandum.


The petitioners, by this article 78 proceeding, seek to restrain the Village of Lake George (Village) and Lake George Marine Industries, Inc. (Marine Industries), from complying with a five-year lease demising to Marine Industries a dock and related facilities located on land owned by the Village on the southern shore of Lake George. From this dock, Marine Industries, a privately owned corporation, operates...

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