Adirondack League Club, Inc., Appellant,
v.
Sierra Club et al., Respondents, and State of New York et al., Intervenors-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 22, 1998
Decided December 17, 1998.
Attorney(s) appearing for the Case
Shamberg Marwell Hocherman Davis & Hollis, P. C., Mount Kisco (John S. Marwell, Adam L. Wekstein and Stuart R. Shamberg of counsel), and Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, L. P. P., Scarsdale (Peter K. Bertine and Frank M. Headley, Jr., of counsel), for appellant.
Whiteman Osterman & Hanna, Albany (Philip H. Gitlen and Michael G. Sterthous of counsel), for Sierra Club and another, respondents.
Proskauer Rose, L. L. P., New York City (Robert J. Kafin of counsel), and Bartle, McGrane, Duffy & Jones, Troy (Nancy E. Jones of counsel), for Robert Wolfe and others, respondents.
Dennis C. Vacco, Attorney-General, Albany (William S. Helmer, Nancy Spiegel, Roger W. Tippy and Barbara G. Billet of counsel), for State of New York, intervenor-respondent.
John W. Caffry, Inga L. Fricke, Glens Falls and Neil F. Woodworth, Lake George, for Adirondack Mountain Club, Inc., intervenor-respondent.
Phillips, Lytle, Hitchcock, Blaine & Huber, L. L. P., Buffalo (Robert E. Glanville of counsel), for New York Rivers United and others, amici curiae.
Matthew R. Atkinson, White Plains, for Riverkeeper, Inc., amicus curiae.
Bond, Schoeneck & King, L. L. P., Syracuse (H. Dean Heberlig, Jr., of counsel), for Adirondack Landowners Association, amicus curiae.
Hiscock & Barclay, L. L. P., Syracuse (Diane L. Van Epps of counsel), and Jeffery H. Kirby, Glenmont, for New York Farm Bureau, Inc., amicus curiae.
Judges SMITH, WESLEY and DENMAN concur with Judge CIPARICK; Judge BELLACOSA dissents and votes to affirm in a separate opinion; Chief Judge KAYE and Judge LEVINE taking no part.
Court of Appeals of the State of New York.
CIPARICK, J.
This case presents the Court with the opportunity to decide to what extent recreational use can be considered in determining whether a river is navigable-in-fact. The river at issue is the South Branch of the Moose River (the South Branch), 12 miles of which run through property owned by plaintiff Adirondack League Club, Inc. (ALC). On June 15, 1991, the individual defendants traveled down this portion...
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