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1
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OPINION
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EXTRACTED KEY WORDS
COMMANDER UNDERWATER LAND SUPREME COURT RIGHTS DREDGING WATER DREDGE REASONABLE ACCESS OYSTER BAY APPELLATE DIVISION YORK NAVIGABLE WATER MATTER COMMANDER OIL PRESERVE REASONABLE ACCESS UNREASONABLY INTERFERE EAST BASIN MAINTENANCE PROCEEDINGS CONSISTENT NATURAL CONDITION CHIEF JUDGE FORESHORE DOS PERMITS RESPONDENT COMMANDER OIL CORPORATION APPELLANT DEFENDANT COMMANDER OIL AMICUS CURI PETROLEUM STORAGE FACILITY |
2 No. 122
Town of Oyster Bay,
Respondent,
v.
Commander Oil Corporation, d/b/a Commander Terminals,
Appellant, et al.,
Defendant.
_________________________________________________________________
2001 NY Int. 110
October 18, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Nicholas J. Damadeo, for appellant.
Anthony J. Sabino, for respondent.
State of New York, amicus curiæ.
_________________________________________________________________
KAYE, CHIEF JUDGE:
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 owner. Because the courts below did not apply this standard, we
reverse the Appellate Division order permanently enjoining the
dredging, and remit the matter to Supreme Court for proceedings
consistent with this Opinion.
I.
Since 1929, defendant Commander Oil Corporation has owned and operated
a petroleum storage facility on land adjacent to Oyster Bay Harbor in
Nassau County. Commander stores gasoline, diesel fuel and home heating
oil at the facility. Plaintiff Town owns the underwater land in the
harbor. In 1952, replacing a previous pier, Commander built the pier
that currently extends from its land into the harbor. Barges dock at
this pier while the oil they carry is pumped through pipes to storage
tanks.
Barges have mainly docked at the "west basin," the larger and deeper
of the two basins adjoining the pier. Both the east and west basins
become shallower as they accumulate silt deposited by a creek that
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