98 A.D.3d 183
N.Y. App. Div.2012Background
- Grimditch began constructing a boathouse in Lake Placid without applying for a building permit from the Town of North Elba.
- The Town issued a stop work order and sought a preliminary injunction to bar further construction.
- Grimditch’s children later began constructing a second unpermitted boathouse on a nearby parcel, and both boathouses were included in the pending motion.
- Supreme Court allowed limited construction to proceed to the extent of piers and decking and required permits under the SBC and compliance with the LUC.
- Defendants moved for summary judgment; neighbors intervened by bringing action for a permanent injunction and removal of the boathouse.
- The appellate court ultimately held that Lake Placid is not owned by the State in its sovereign capacity, but that the LUC applies to the boathouses and that the Navigation Law does not preempt local land-use authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Navigation Law preempt local LUC authority? | Town argues Navigation Law preempts LUC over Lake Placid structures. | Defendants contend Navigation Law exclusivity governs boathouses in navigable waters. | Navigation Law does not preempt LUC; local zoning applies. |
| Is Lake Placid owned by the State in sovereign capacity? | State ownership preempts local regulation of the lake. | State ownership does not extend to Lake Placid's bed in sovereign capacity. | Lake Placid not owned by the State in sovereign capacity; riparian ownership applicable. |
| Are the boathouses 'structures' subject to the SBC? | Boathouses are buildings not subject to SBC? | Beneke and related cases treat boathouses as SBC-regulated structures. | Boathouses are structures subject to the SBC. |
| Does the Town have authority to enforce LUC within Lake Placid waters? | LUC should regulate construction on Lake Placid waters within town boundaries. | Navigation Law exclusive regime overrides local regulations. | LUC applies; Town has enforcement authority over the lakeshore portions within its boundaries. |
Key Cases Cited
- Higgins v. Douglas, 304 A.D.2d 1051 (2003) (Lake Placid navigability争; preemption considerations discussed)
- Mohawk Valley Ski Club v Town of Duanesburg, 304 A.D.2d 881 (2003) ( Navigation Law applicability to navigable waters)
- People v. System Props., Inc., 281 A.D.2d 433 (1953) (State's sovereign ownership authority in water lands)
- Langdon v Mayor of City of N.Y., 93 N.Y. 129 (1883) (sovereign ownership extends beyond navigability concepts)
- Douglaston Manor v. Bahrakis, 89 N.Y.2d 472 (1997) (navigability distinctions; common-law ownership)
- Town of Alexandria v. MacKnight, 281 A.D.2d 945 (2001) (navigable waters and municipal authority limitations)
- People v Tahawus Purchase, Inc., 26 NYS2d 795 (1940) (boundaries related to Macomb Patent and land surveys)