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BLACK RIV. REG. DIST. v. ADIRONDACK LEAGUE CLUB

307 N.Y. 475 (1954)

Black River Regulating District et al., Respondents, v. Adirondack League Club, Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Charles H. Tuttle, Warnick J. Kernan, John R. Brook and Sanford D. Stockton, Jr., for appellant.

Nathaniel L. Goldstein, Attorney-General (Edward L. Ryan and Wendell P. Brown of counsel), appearing under section 71 of the Executive Law.

Milo R. Kniffen for Adirondack Moose River Committee, Inc., and others, amici curiæ, in support of appellant's position.

Daniel Scanlon and Russell Wright for respondents.

LEWIS, Ch. J., CONWAY, DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

DYE, J.

In this appeal we deal with the enforcibility of a proposed plan to construct Panther Mountain reservoir and dam on the south branch of the Moose River, a tributary of the Black River in Herkimer County, for the purpose of regulating the flow of the Black River and its tributaries.*

The controversy turns on the applicability of the Stokes Act, so-called, which prohibits the construction...

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