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TOWN OF CARMEL v. MELCHNER

2010-08487.

105 A.D.3d 82 (2013)

962 N.Y.S.2d 205

2013 NY Slip Op 1259

TOWN OF CARMEL, Respondent, v. CHARLES MELCHNER et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

February 27, 2013.

Attorney(s) appearing for the Case

Andrew C. Quinn , White Plains, for appellants.

Joseph A. Charbonneau , Brewster, for respondent.

DICKERSON, AUSTIN and COHEN, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.P.

The parties have been involved in a long-standing dispute regarding the Town of Carmel's regulation of the defendants' commercial marina pursuant to the Town's zoning ordinance. The marina is located on Lake Mahopac, a navigable lake owned by the State of New York. In this, the latest chapter in the parties' dispute, the Town sought to enjoin the defendants' use of certain docks in the lake which are not attached to...

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