It's all in the way you see it. Last time, Supreme Court Judge Geoffrey O'Connell ruled that Commander Oil's right to access (and dredging) the water from their property could not be prohibited. The Appellate Court said on April 6, that they already have that access (but have not demonstrated a need for additional access to the waterfront).

What the court's ruling means, is that prior to doing any dredging Commander Oil will have to make an application to the town of Oyster Bay asking for a permit to dredge.

"Friends of the Bay is confident that the town will not issue such permission as the court has said Commander Oil Corporation has not demonstrated a need to dredge the eastern side of their dock. We have supported Commander's right to have access to the waterfront. They have that on the western side of their dock. That has never been in contention.

"What this community has opposed is Commander's selfish interests in expanding their operations to the eastern side of that dock. It is totally inconsistent with all of the positive events that have been occurring on the Oyster Bay waterfront over the past few years," said Friends of the Bay Executive Director Michael Deering.

"The case is not about denying a property-owner access to the waterfront. Commander already has such access. Instead, it is about the right of a municipality to deny an expansion of a use that is incompatible in one of Long Island's healthiest bays. In fact the company has been operating for decades without additional berthing capacities," he said.

The Appellate Court apparently agreed with the statement and said in their brief, that Commander had "failed to demonstrate that the conditions of the harbor were such that the dredging was necessary in order to preserve its right of access."

The new decision has overturned an earlier decision which would have permitted dredging. For the past three years, Commander Oil has been proposing to dredge the harbor but locals see them as expanding their business.

Supervisor John Venditto, who was the town attorney when the town made their appeal to overturn the lower court decision, hailed the Appellate Court unanimous decision as a victory for the town and residents. " The court said that while Commander has a right to reasonable access of navigable waters of the harbor, it "does not equate with the ownership of the land beneath the harbor." The supervisor said, "The town board is very pleased that the court has upheld our right to protect environmentally sensitive waters from which the town derives its name. I believe it leaves the town well-positioned for the next step in this ongoing legal battle."

He said, "Everyone is at the drawing board, jockeying for the most favorable conditions. As far as I am concerned the Appellate decision opens the door for the town to be the lead agency."

When asked what he would do, if and when Commander appeals that decision and sues the Town of Oyster Bay, Mr. Venditto said, "I have no problem with that, but they won't find us an easy adversary."

He said he was ready to take them on.

Jack Williams, president of Friends of the Bay said, "The appellate decision really vindicates Friends of the Bay's in that Commander Oil shouldn't be allowed to expand."

For his part, Harold D. Shapiro, president of Commander Oil Corporation said the company was satisfied with the recent decision of the Appellate Division. The decision referred the case back to Judge Geoffrey O'Connell of the Supreme Court to determine the issue of whether or not a temporary restraining order should be granted against maintenance dredging in Oyster Bay Harbor.

Mr. Shapiro said, "We are very pleased that the Appellate Court agreed with our position that Commander has a riparian right to dredge and disagreed with the town's position that permission was required from the town board. We are confident that we will establish before the Supreme Court that Commander's maintenance dredging of the harbor is a reasonable exercise of its riparian right."

The state was unavailable to comment to Mr. Shapiro's answer, as the newspaper went to press.

In his brief, John Venditto said, "The town maintained that both 17th century English and American common law gave them ownership of the underwater lands in Oyster Bay Harbor, which, conversely, gave them the right to regulate harbor activity.

"The town also maintained that Commander had not proven a need to dredge. The Supreme Court eventually ruled in Commander's favor. The town then took the case to the Appellate Division, which overturned the lower court decision and upheld the town's position."

Supervisor Venditto indicated that the case has been remanded back to State Supreme Court for a new finding with respect to the Town of Oyster Bay's request for an injunction and the town has two choices;

The town can ask the Supreme Court to make a decision as to whether Commander's right to access navigable waters includes the right to dredge. In the alternative, it can petition the court to grant the preliminary injunction until such time as the town can conduct a hearing, create a record and render a decision on Commander's right to reasonable access.

In the unanimous two page Appellate ruling, issued April 6, the Second Judicial Department rules that the town could deny dredging on land that it owned without infringing on Commander's right to access the water. The ruling stressed that, "...Commander may not interfere with the town's ownership of the underwater land so long as its right of reasonable access has not been invaded... Commander failed to demonstrate that the conditions of the harbor were such that the dredging was necessary in order to preserve its right of access."

Mike Deering said, "We have always believed that it was the right, and obligation of the municipality to protect the public trust. Now the court has concurred."

Friends of the Bay Executive Director Michael J. Deering hailed the decision as a "major environmental victory." The organization has actively opposed the dredging as an expansion of Commander's petroleum operations on the waterfront and its threat to the ecology of the bay.

"We applaud the town for its dedicated persistence and Attorney General Vacco for his intervention in this case," said Mr. Deering. The town was represented by Anthony J. Sabino and representing the Attorney General were Peter Schiff, Andrew Gershon and William L. Sharp.

"Friends of the Bay will continue to work to prevent the expansion of gasoline and oil transport in Oyster Bay. The community has developed a plan for our waterfront in a partnership that meets the needs of business interests, environmentalists, historians and community residents. We will not allow one bad neighbor to threaten this partnership or our most important natural and economic resource --- our coastline," Mr. Deering said.