McCormick v. Lawrence
Citation: 5 ELR 20650
372 N.Y.S.2d 156/8 ERC 1461/83 Misc. 2d 64, (N.Y. Sup. Ct., 08/11/1975)
The court upholds a decision by the Adirondack Park Agency to prohibit boathouses in its approval of plans to develop private property fronting on a lake used as a part of a scenic waterway within the park and designated a recreational river by state statute. Because the act creating the agency established preservation of scenic and aesthetic values as a primary concern of the agency, its decision in this case cannot be deemed arbitrary or unreasonable. Moreover, the ban on boathouses is a valid exercise of the police power, because aesthetic considerations alone are now recognized by the courts as constituting an aspect of the public welfare worthy of protection where such considerations relate to unique features of the locality. The court finds that the shorelines of the lake are "in a relatively pristine state," and that the addition of a cluster of boathouses would tend to destroy the natural beauty of the area.
Counsel for Petitioners
McCormick, LaPan, Urfirer & Brooks
56 Main St.
Saranac Lake, N.Y. 12983
Counsel for Respondents
Louis J. Lefkowitz Attorney General
Albany, N.Y. 12224