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OYSTER BAY v. COMMANDER OIL

96 N.Y.2d 566 (2001)

759 N.E.2d 1233

734 N.Y.S.2d 108

TOWN OF OYSTER BAY, Respondent, v. COMMANDER OIL CORPORATION, Doing Business as COMMANDER TERMINALS, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 18, 2001.

Attorney(s) appearing for the Case

Nicholas J. Damadeo, P. C., Smithtown (Nicholas J. Damadeo of counsel), for appellant.

Gregory J. Giammalvo, Town Attorney of Town of Oyster Bay (Anthony J. Sabino and Marilyn L. Olshansky of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Andrew J. Gershon, Peter G. Crary and Peter Lehner of counsel), and William L. Sharp for State of New York, amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

Does a riparian owner have the right to conduct "maintenance" dredging of public underwater lands? We conclude that a riparian owner may dredge if dredging is necessary to preserve reasonable access to navigable water and does not unreasonably interfere with the rights of the underwater owner. Because the courts below did not apply this standard, we reverse the Appellate...

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