Town of Oyster Bay v. Commander Oil Corporation
Court of Appeals of New York
759 N.E.2d 1233 (2001)
Relevant factsFree
Commander's (defendant) pier basins, previously usable for its barges, became unusable due to silt accumulation partly caused by the Town's (plaintiff) own storm-water runoff system, and after its prior lease authorizing dredging expired, Commander sought to dredge again through state and federal permits conditioned on the Town's permission, which the Town refused and sued to enjoin.
IssueFree
Whether a riparian owner's right to reasonable water access includes the right to dredge, as long as the dredging is necessary and does not unreasonably interfere with the rights of other landowners.