85 A.D.3d 1074
N.Y. App. Div.2011Background
- Plaintiffs include commercial fishermen and an association of daymen seeking a declaratory judgment against Southampton local laws regulating shellfish harvesting.
- Local Law 21 (2008) amended Town Code ch 111, § 37, and incorporates the Trustees’ Rules and Regulations as to shellfish management in Town waters.
- Trustees’ Rules and Regulations define shellfish and restrict taking to certain categories of people with Town Clerk permits, regulating gear and methods.
- Town Code § 111-39 provides penalties, and Local Law 21 mirrors restrictions found in ch 278 of the Town Code.
- Trustees trace their authority to the Dongan Patent; historically, navigational rights and migratory fish regulation were not exclusive to Trustees or Town, with state authority over migratory fish recognized post-Revolution.
- Supreme Court granted the defendants’ CPLR 3211(a)(7) motion to dismiss; plaintiffs sought a preliminary injunction against enforcement of the laws.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Local Law 21 exceeds delegated authority over migratory fish. | Plaintiff: Trustees cannot regulate migratory fish by restricting takings to residents/freeholders without state authority. | Defendants: Trustees’ Rules and Regulations are validly incorporated and enforceable under local authority. | Complaint states a valid cause of action; record incomplete on trespass and delegation. |
| Whether the action states a claim for trespass or regulatory overreach. | Plaintiff: Restrictions effectively seize property interests and exclude nonresidents from navigable waters. | Defendants: Trustees may prohibit trespass on underwater lands; Town Board can regulate trespass consistent with public/private interests. | Courts find potential trespass issues; not decided due to developing record, but action survives as to invalid delegation concerns. |
| Whether incorporation by reference of the Trustees’ Regulations was proper and whether the open-ended delegation invalidates Local Law 21. | Plaintiff: Incorporation creates undefined future amendments without Town Board oversight. | Defendants: Incorporation by reference is proper; open-ended delegation is not definitively shown at this stage. | Open-ended delegation issue not resolved at this stage; dismissal reversed to allow development of record. |
| Whether plaintiffs are entitled to a preliminary injunction. | Plaintiff: Likelihood of success and irreparable injury shown; balance favors plaintiffs. | Defendants: Record uncertain on ability to harvest without disturbing underwater lands; equities favor Trustees. | Preliminary injunction denied; likelihood of success and irreparable harm not established given current record. |
Key Cases Cited
- People ex rel. Howell v Jessup, 160 N.Y. 249 (N.Y. 1899) (Dongan Patent and ownership of lands under waters; shellfish included)
- People v Steeplechase Park Co., 218 N.Y. 459 (N.Y. 1916) (public rights in navigable waters; migratory fish regulatory authority)
- Melby v Duffy, 304 A.D.2d 33 (2d Dep't 2003) (state regulation over migratory fish authority)
- People v Shore Realty Corp., 127 Misc. 2d 419 (N.Y. Misc. 1984) (incorporation by reference of regulations by local government)
- People v Mobil Oil Corp., 101 Misc. 2d 882 (N.Y. Misc. 1979) (open-ended delegation concerns in local legislation)
- Guggenheimer v. Ginzburg, 43 N.Y.2d 268 (N.Y. 1977) (pleading standards on a CPLR 3211(a)(7) motion)
- Sokol v Leader, 74 A.D.3d 1180 (2010) (pleading liberal construction on motion to dismiss)
- People v Miller, 235 A.D. 226 (N.Y. App. Div. 1932) (historical treatment of shellfish and property interests)