Opinion

Berens v. Planning Board

  • 101 A.D.2d 838
  • 475 N.Y.S.2d 297
  • 1984 N.Y. App. Div. LEXIS 18506
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 14, 1984
Status
Published
Cited by
0 cases
Authority
More cited than 1.4%

The opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Village of Sands Point, dated October 25, 1982, which granted to The Community Synagogue final approval of a certain subdivision, petitioners appeal from a judgment of the Supreme Court, Nassau County (Harwood, J.), dated April 14, 1983, which denied their petition. 11 Judgment affirmed, with costs. I The standard for judicial review of a determination by a village planning board is whether the determination “is illegal, in whole or in part” (Village Law, § 7-740). Upon review of the record, it is clear that the Planning Board’s determination herein was not illegal but rather was based upon a reasonable interpretation of the term “high water mark”, that is, the mean of all the high tides over a certain period of time (see, generally, Borax Cons, v Los Angeles, 296 US 10 ). Moreover, the record indicates that the customary surveying practice in the Village of Sands Point was to calculate the location of the high-water mark by reference to the mean high-water line. “To give effect to such uniform practice is not * * * to delegate arbitrary powers to surveyors to determine property lines; rather it is the obverse, namely, to recognize that property lines are fixed by reference to long-time surveying practice” (Dolphin Lane Assoc, v Town of Southampton, 37 NY2d 292, 297 ). Titone, J. P., Gibbons, Brown and Lawrence, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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