Town of Carmel v. MELCHNER, 2013 NY Slip Op 1259 - NY: Appellate Div., 2nd Dept. 2013 - Google Scholar by Leonard E Sienko Jr
Town of Carmel v. Melchner, 105 A.D.3d 82 (2 Dept. 2/27/2013)
After a thorough analysis of the relevant case law, the appellate court determined that where the State owns the submerged land, it has exclusive jurisdiction over the navigable waters above it. As such, the State law preempts any municipal or local laws.
Leave a comment