Marine and Coastal Law: Cases and Materials

By Dennis W. Nixon | Go to book overview
Save to active project

Chapter 3
RIPARIAN RIGHTS AND THE NAVIGATIONAL SERVITUDE

Mentor Harbor Yachting Club v. Mentor Lagoons, Inc., 163 N.E.2d 373 (Ohio 1959)

MATHIAS, JUDGE

The facts as determined by the lower courts are substantially as follows:

In the late 1920s, the property now held by the parties to this action was owned by the Mentor Harbor Company, plaintiff's predecessor in title. The property, then in its natural state, consisted of marshlands in which there was located an inland body of water two or three hundred feet in diameter and fed by streams and drainage from the marsh. This body of water flowed into Lake Erie through a natural channel part of the time and at other times was separated from the lake by a sandbar formed in such channel as a result of the action of the waters of Lake Erie and the prevailing northwest winds.

While this area was in its natural state, it was used primarily by fishermen and hunters who obtained access thereto from Lake Erie through the natural passageway from the lake. However, at times of low water, it was sometimes necessary for the fishermen and hunters to drag their boats over the seasonally existent sandbar.

The plan of the original owner, the Mentor Harbor Company, was to develop this area into a residential community with private dock and boating facilities similar to those found in Ft. Lauderdale, Florida. Pursuant to this plan, the company constructed a series of interconnected lagoons in the area which had comprised the marsh and widened and deepened the channel into Lake Erie, building concrete retaining walls along the side walls of the lagoons and channel. The area surrounding the lagoons was subdivided into lots, a few of which were sold, but the project was abandoned due to the economic conditions existing in the 1930s. Plaintiff, the Mentor Harbor Yachting Club, is the present owner of the land adjacent to the channel, while defendants, Mentor Lagoons, Inc., and Albert C. Nozik, and others are the owners of the property adjacent to the lagoons. The defendants claim a right to use the channel as a means of ingress and egress between the lagoons and Lake Erie.

This action was brought by plaintiff to enjoin defendants from trespassing on the channel. In

-61-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Marine and Coastal Law: Cases and Materials
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 374

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?