The Supreme Court reversed the Court of Appeals. The Courtbegan its analysis with The Institutes of Justinian (535 CE), in which it is declared that ‘‘no one is barred access to the seashore....’’This principal was adopted in the law of the sea as developed in the English common law. The Court cited the U.S. Supreme Courtthat lands within the tidal reach and below the high water mark by ‘‘their natural and primary uses are public in their nature, for high-ways of navigation and commerce, domestic and foreign, and forthe purpose of fishing by all the King’s subjects.’’
