New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and therefore open to public use. At issue in the case is the "Mud Pond Waterway," a two-mile-long system of ponds a...

A California appellate court affirmed in part and reversed in part a trial court's summary adjudication in favor of the property owners in their dispute with a citizen's group over the use of a road, parking area, and the inland dry sand of a popular beach. There is no disagreement that the defendan...