LEHIGH FALLS FISHING CLUB, Appellant v. JOHN ANDREJEWSKI, Appellee; LEHIGH FALLS FISHING CLUB, Appellee v. JOHN ANDREJEWSKI, Appellant, 1999 PA Super 184
Summary
Appellee began fishing on a portion of the Lehigh River, in Pennsylvania, that was located through land leased by appellant club, a fly fishing club. Appellant stocked that portion of the river with fish for its members. Because appellee believed that the river was within the public domain, appellee refused to leave. Appellant sought a declaratory judgment that the portion of the river through appellant's leased land was not navigable and was, therefore, private property. The trial court held that the river had been determined a navigable waterway and was thus owned by the Commonwealth of Pennsylvania and held in trust for the public. On appeal, the court stated that the Lehigh River had been determined to be a navigable river by the Pennsylvania Supreme Court and that once a river was held to be navigable, the entire length of the river was navigable. The navigability of a river could not be re-examined on a piecemeal basis. Therefore, the court affirmed, holding that because ...