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August 25, 2012 I Volume 6 I Issue 16 Zoning Bulletin <br />Case Note: <br />The Collectives had also argued that the Ordinance's sunset and penal provisions <br />were preempted by the CUA or the MMPA. The court disagreed, finding neither of <br />these state laws expressly or impliedly sought to occupy the entire field of medical <br />marijuana use. In fact, found the court, the MMPA "expressly contemplates" local <br />regulation in the area of medical marijuana use. <br />Case Note: <br />The Collectives had also alleged that the Ordinance's record -keeping and record <br />disclosure requirements violated the state constitutional right to privacy. The court <br />disagreed. Since the Collectives operated in a heavily regulated area, and a number of <br />collectives were involved in criminal activity, any expectation of privacy in the infor- <br />mation was unreasonable, and any invasion of any reasonable expectation of privacy <br />was justified by a legitimate and competing state interests. <br />Water -Related Uses/Authority— <br />Waterfront Property Owners Argue <br />Their Construction of Boathouses on <br />Lake Placid Not Subject to Local <br />Zoning Laws <br />Owners contend New York's Navigation Law <br />preempts local laws regarding construction in <br />those waters <br />Citation: Town of North Elba v. Grimditch, 2012 WL 2431687 (N.Y. App. <br />Div. 3d Dep't 2012) <br />NEW YORK (06/28/12) This case addressed the issues of: whether the <br />State of New York holds title to a lake bed (Lake Placid); whether the State of <br />New York has exclusive jurisdiction over structures on Lake Placid; and <br />whether New York's Navigation Law displaces local land use laws on naviga- <br />ble waters not owned by the state in its sovereign capacity. <br />The Background/Facts: William H. Grimditch Jr. ("Grimditch") owned <br />lakefront property on the shores of Lake Placid in the Town of North Elba (the <br />"Town"). Grimditch began construction of a boathouse in the waters of Lake <br />Placid adjacent to his lakefront property. He did so without first applying to <br />the Town for a building permit. Similarly, Grimditch's children had begun <br />construction of a second unpermitted boathouse adjacent to their nearby, sepa- <br />rate parcel of lakefront property. The Town's Code Enforcement Officer <br />8 © 2012 Thomson Reuters <br />