DOLPHIN LANE v. SOUTHAMPTON


37 N.Y.2d 292 (1975)

Dolphin Lane Associates, Ltd., Appellant, v. Town of Southampton, Respondent, and Trustees of the Freeholders and Commonalty of the Town of Southampton, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1975.


Attorney(s) appearing for the Case

Michael Permut for appellant.

Henry Root Stern, Jr., John P. Hederman, Richard B. Marrin and John J. Witmeyer, III for respondent and intervenor-respondent.

Bernard S. Meyer and Stephen P. Seligman for the New York State Land Title Association, amicus curiae.

Peter V. Snyder for the New York State Association of Professional Land Surveyors, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

We hold that it was error as a matter of law for the lower courts in this case to ground determination of the location of the high-water line along the southern shore of Shinnecock Bay and thus the location of the northern boundary of appellant's property in the Town of Southampton by reference to the type-of-grass test introduced by respondent town.

It is not seriously disputed in formulation...

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