Agenda - Planning Commission - 10/04/2012

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Zoning Bulletin August 25, 2012 Volume 6 I Issue 16 ("CEO") issued a stop work order on the construction of the boathouses. The Town then asked the court to issue a preliminary injunction preventing further construction. The Supreme Court issued a limited preliminary injunction. The Town then sought a permanent injunction on the ground that the boathouses were in violation of the Town's Land Use Code ("LUC"). The Grimditches argued that New York's Navigation Law § 30 preempted Town enforcement of the LUC, making it inapplicable to any construction in the waters of Lake Placid. The Grimditches contended that, under the Naviga- tion Law, "navigable waters of the state" (Navigation Law § 2(4)) are subject to the exclusive jurisdiction of the state (Navigation Law §§ 30 and 32). The Supreme Court later vacated the preliminary injunction, and the Grimditches completed construction of the boathouses. As to the permanent injunction sought by the Town, alleging violations of LUC, both parties moved for summary judgment. Finding there were no mate- rial issues of fact in dispute and deciding the matter on the law alone, the court issued summary judgment to the Grimditches. It dismissed the action against them. In doing so, the Supreme Court held that the waters of the lake were "not privately owned" because of the State's ownership of a public boat launching site and the northeast portion of the lake. As a result, the court concluded that Lake Placid met the definition set forth in Navigation Law § 2(4) and was "navigable waters" —and, therefore, Navigation Law §§ 30 and 32 applied, conferring exclusive jurisdiction over structures in the lake upon the State. Accordingly, the Supreme Court declared that the LUC did not apply to the construction of the Grimditches' boathouses. The court further declared that the boathouses complied with the State Uniform Prevention and Building Code (the "SBC") and ordered the Town to issue building permits. The Town appealed. DECISION: Judgment of Supreme Court affirmed as modified. The Supreme Court, Appellate Division, Third Department, New York, agreed with the Supreme Court that Lake Placid was subject to the Navigation Law. The court also agreed that the Grimditches' boathouses were structures subject tb the SBC. However, the court disagreed that the lake bed was owned by the state in its sovereign capacity, instead finding that title to the lake's bed was held by riparian owners. Most significantly, the court held that the Naviga- tion Law, although applicable, did not preempt the power of local municipali- ties to administer and enforce local land use laws by conferring upon the State exclusive jurisdiction over structures in the navigable waters of the state. The court held that only when the State owns title to the land under the water in its sovereign capacity does it have exclusive jurisdiction preempting local land use laws. In so holding on the ownership of the lake bed, the court applied common- law principles governing ownership of inland lakes and rivers. As a general rule, said the court, nontidal waters, with the exception of those that courts have deemed to be owned by the State in its sovereign capacity, are owned in a proprietary capacity by the riparian owners, whether such owners be the State, individuals or other entities. Title to the beds of "these smaller and less © 2012 Thomson Reuters 9