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CAMINIS v. TROY

No. 28955.

963 A.2d 701 (2009)

112 Conn.App. 546

Perry D. CAMINIS et al. v. Austin TROY et al.

Appellate Court of Connecticut.

Decided February 10, 2009.

Attorney(s) appearing for the Case

David Thomas Ryan, with whom were John P. Casey and, on the brief, Dwight H. Merriam, Hartford, for the appellants-appellees (plaintiffs).

Robert F. Maslan, Jr., Darien, with whom, on the brief, was Amy J. Boland, for the appellees-appellants (defendants).

DiPENTIMA, McLACHLAN and PETERS, Js.

PETERS, J.

An ancient principle of the common law is that "the title in the soil of the sea, or of arms of the sea, below ordinary high water mark . . . is held subject to the public right, jus publicum, of navigation and fishing." (Internal quotation marks omitted.) Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 284, 117 S.Ct. 2028, 138 L.Ed.2d 438 (1997), quoting Shively v. Bowlby, 152 U.S. 1

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