"Larry Weiss" wrote in message
...

We are talking about the US of A, New York State in particular, and
maritime law only because that's where my poor memory recalls it may have
existed.

Basically we are talking about a local town public park and marina on the
waterfront. The park is supposed to be for use by town residents only
(the park land was donated to the town in 1942 by descendants of Teddy
Roosevelt and that strict covenant is in the deed). Over the last few
years, the town has stopped enforcing this restriction. Officials claim
it is because of a law, which they are unable to cite, which states that
they can not restrict access to the water. I believe they may be
misinterpreting a law meant to prohibit restricting a boat's access to
waterways from the water (which I recall hearing about somewhere), rather
than a person's access to the water from land. Nobody on either side
seems to be able to cite any law from either perspective. I'm just
looking for something official to cite, one way or the other.

Larry Weiss
"...Ever After!"
"a little after..."

You may have a bitch of a case on your hands, and a very interesting one,
too. As I mentioned in another message within your thread, a friend of mine
has already been through this regarding creek access. What he's finding out
is that the laws in NY (and most other places where waterways were
important) were written a LONG time ago, and may need to be overhauled. Many
of the precedents relate to hunters crossing lumber company lands in the
Adirondacks, or loggers floating trees down rivers and annoying landowners.
This stuff is hard to interpret for situations like yours.

If I were you, I'd talk to some business owners in town and find out who's
cozy with whom. There's usually a good reason why a business is permitted to
skirt the law. The reason is almost always the good 'ol boy network, and
cash.