RIVER DEFENSE COMMITTEE v. THIERMAN

No. 74 Civ. 159.

380 F.Supp. 91 (1974)

RIVER DEFENSE COMMITTEE et al., Plaintiffs, v. Eberhard THIERMAN et al., Defendants.

United States District Court, S. D. New York.

July 3, 1974.


Attorney(s) appearing for the Case

Winer, Neuburger & Sive, David Sive, Mark A. Chertok, New York City, for plaintiffs.

Aaron G. Windheim, Nyack, N. Y., for Eberhard Thierman.

Dennison Young, Joseph P. Marro, Asst. U. S. Attys., for the Government.


MEMORANDUM AND ORDER

STEWART, District Judge:

This conflict presents the classic clash between the interests of an individual landowner and the public interest. Here the landowner, the defendant in this action, purchased a piece of land, with the intent to use his rights to river areas under a State patent to create a fill so that his lot would then be big enough to build a house in conformity with the zoning laws. The plaintiffs, on the other hand, claim...

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