Brief 1894 Account Shows Devastating Impact on City Island from Ejectment Action Pursued by Elizabeth De Lancey

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During the early and mid-1890s, members of the Hunter family pursued an ejectment action alleging that they owned underwater lands all the way around City Island.  They sought to "eject" one of the largest shipyards on City Island -- that of Henry Piepgras -- from the land.  They asserted that the marine railways that extended into the waters, the shipyard docks, and other associated equipment that extended into the water trespassed upon their underwater land.

The lawsuit was a so-called "test case."  There were a host of such shipyards, as well as many other businesses that relied upon docks, etc.  All would be ruined if the underwater land rights were affirmed in favor of the Hunter family.  

In the mid-1890s, following lengthy litigation to have Henry Piepgras “ejected” from the land beneath the waters surrounding City Island, the Courts finally held that he could be excluded from such land beneath the water.  Elizabeth De Lancey erected a structure to shelter employees to guard against use of the land beneath the water. Piepgras made violent threats, then removed De Lancey’s structure, throwing it into Long Island Sound.  De Lancey brought a new lawsuit against Piepgras and the court ordered Piepgras to restore possession of the land beneath the water to De Lancey and to cease and desist from interfering with her enforcement of the execution of the judgment in the earlier action allowing her to take possession of the land beneath the water.  An appellate court affirmed the decision.  

The test case was over.  The result of the decision was devastating.  I have written extensively about the Piepgras Shipyard and its extensive legal battle with Elizabeth De Lancey and members of the Hunter family.  See Tue., Dec. 08, 2015:  Heinrich Carl Christian "Henry" Piepgras and His Shipyard in the Town of Pelham on City Island.  

During the late summer of 1893, the shipyard shut down and several hundred men lost their jobs.  At the time, according to one account, Henry Piepgras had "a large number of orders for the construction of yachts and ships" at the time.  

The shipyard remained shut down for six months as Henry Piepgras and his attorneys scrambled to reach some form of settlement with Elizabeth De Lancey and members of the Hunter family.  Hundreds of unemployed men waited in anticipation, hoping against hope that the matter could be resolved.  Hundreds of others feared for their jobs, knowing what likely would happen next:  enforcement of the underwater land rights against their own employers.  

Finally, on February 7, 1894, Piepgras and his attorneys reached a settlement with De Lancey.  The settlement was announced publicly the following day.  According to one brief account:  "When the settlement was announced today, the residents of City Island expressed much joy, as most of the men living on 'the island' are dependent upon the works for their living.  The yards have been shut down for six months on account of the legal controversy.  To-day the workmen celebrated the event."

Work at the shipyard restarted immediately.  Indeed, it took "several hundred men" to fulfill the backlog of orders for the construction of new yachts and other vessels by the following spring.

Henry Piepgras in an Undated Photograph

(Detail from Advertising Brochure for his Shipyard).

Source:  Ancestry.com Genealogical Data

for Heinrich Carl Christian Piepgras (Paid

Subscription Required).  NOTE:  Click Image to Enlarge.

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"City Island.

For several months past the shipyard property of Henry Piepgras, at City Island, has been in litigation and recently the case was decided against Piepgras.  The plaintiff was Mrs. Delancey Hunter, who claimed that she had a right to the property under land grants dating back 200 years.  Yesterday Piepgras effected a settlement with the claimant.  Piepgras is one of the most prominent ship and yacht-builders in the vicinity.  When the settlement was announced today, the residents of City Island expressed much joy, as most of the men living on 'the island' are dependent upon the works for their living.  The yards have been shut down for six months on account of the legal controversy.  To-day the workmen celebrated the event.  Piepgras has a large number of orders for the construction of yachts and ships, and will at once proceed to put men to work in building them.  This will give employment to several hundred men, in order to get the yachts cut by spring."

Source:  City Island, The Evening Post [NY, NY], Feb. 8, 1894, p. 4, cols. 1-2.

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