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Ruling On Georgica Beach Goes In Macklowes' Favor

Publication: The East Hampton Press
By Virginia Garrison   Mar 27, 2012 4:55 PM
Mar 27, 2012 5:10 PM
A State Supreme Court justice has ruled in favor of Lloyd and Barbara Macklowe’s claim to property at Georgica Beach that the East Hampton Town Trustees had claimed on behalf of the public.

In a March 2 decision, New York State Supreme Court Justice Thomas F. Whelan ruled that the Macklowes’ property extends as far toward the ocean as the line of beach grass, as they had claimed. The Trustees had challenged the legitimacy of an “ambulatory” natural feature such as beach grass in defining the boundaries of the disputed property.

When the Macklowes purchased their land on West End Road in East Hampton Village in 1992, Ms. Macklowe walked the property and found that the line of beach grass, which had been used to define the southern property line, was between... more

If you have the patience to read, and the knowledge to understand, the entire Decision, there actually is a lot in there that should gladden the Town Trustees and all who support public beach access rights. On page 12: "[T]he Court dismisses the ... causes of action which seek a declaration that the south boundary of plaintiffs' property is the high water mark of the Atlantic Ocean and that their property retains its littoral rights. The deeds in question do not describe the boundary as the high ...more
By davbud (60), east hampton on Mar 28, 12 9:19 AM
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