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MATTER OF ONEIDA CO. FOREST PRES. COUNCIL v. WEHLE

309 N.Y. 152 (1955)

In the Matter of Oneida County Forest Preserve Council et al., Respondents, v. Louis Wehle, as New York State Conservation Commissioner, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (James O. Moore and Henry S. Manley of counsel), for appellants.

Michael P. De Santis for respondents.

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

BURKE, J.

The Conservation Commissioner and the Director of Lands and Forests appeal to this court from an order of the Appellate Division, Fourth Department, granting its consent to the respondents, Oneida County Forest Preserve Council and Ralph Atwater, its president, to institute suit against the appellants to restrain the violation by them of section 1 of article XIV of the New York State Constitution.

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