New York State Supreme Court Justice Bernadette T. Clark on June 29 ruled in favor of adjacent upland owners of White Lake and found the White Lake Shores Association, Inc. in civil contempt of court for violating the upland owners’ deeded rights by placing fences, gates, ballards and other obstructions on the property known as Beach A at White Lake near Woodgate.
Justice Clark ordered the immediate removal of the obstructions.
In her decision Clark reinforced four previous court orders and actions by Justice Edward McLaughlin (June 1981), Justice Leo F. Hayes (October 1981), Justice James P. O’Donnell, (May 1982) and Justice Anthony F. Shaheen (October 1986).
All previous orders had enforced the covenants, easements and restrictions that in part stated that “no fence shall be erected upon the premises, no established roads or trails shall be blocked or no boat shall be drawn upon the beach or tied to posts in the lake in such a way as to interfere with the free and undisturbed use of bathing beaches or established boat landings by owners of said lots unless written consent of the grantor.”
The original grantor of the easements to upland properties was Samuel T. Russell, who in a letter to the Utica Daily Press on April 18, 1926 stated that “when I deeded to the Wood Ice Company, many years ago the property which included the bathing beach known as Sandy landing, adjacent to the state road, I inserted a clause in the deed forever guaranteeing to public access to the lake from across this property.”
The adjacent upland owners are property owners across Route 28 and around the lake.
Justice Clark also dismissed White Lake Shores Association’s counterclaims concerning upland owners allegedly violating covenants by renting seasonal dwellings and operating a local restaurant that sells beer, wine or alcoholic beverages.
Clark stated that the bar/restaurant is on commercial property exempt from the covenants and renting of seasonal cottages is permitted and that the cottage guests have the same rights as the owners.
The thirty page order reviews extensive case law in this issue that has been in and out of court since 1977. The order is on file in Oneida County.
