Archive | Prescriptive Right of Access

Napeague (Truck) Beach – It’s Not Over Yet

Napeague Beach in Amagansett, East Hampton, New York has been used by the public for decades.  In 2009, Homeowner Associations above the beach commenced an action claiming that they owned title to the beach.  They also claimed that the use of the beach by trucks driving on the beach and parking whilst enjoying the ocean constituted a nuisance. After a 5-day trial in the Supreme Court in Riverhead, the Trial Court, Hon. Ralph T. Gazzillo dismissed the action.  The Trial Court found that plaintiffs did not establish their ownership to… read more

Posted in Napeague Beach, Prescriptive Right of Access, Public Trust Doctrine
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