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MTR. CITY OF JOHNSTOWN v. WAT. CONT. BD.

12 A.D.2d 218 (1961)

In the Matter of The City of Johnstown, Petitioner, v. Water Pollution Control Board of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 25, 1961.

Attorney(s) appearing for the Case

A. H. Pulsifer and Mario H. Costa for petitioner.

Louis J. Lefkowitz, Attorney-General (Richard H. Shepp of counsel), for respondent.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, P. J.

In this article 78 proceeding by the City of Johnstown to review an order of the Water Pollution Control Board requiring the discontinuance of the use of Cayadutta Creek for the discharge of untreated sewage, the main question is whether the record shows that the use made of the creek constitutes "a public nuisance as defined by the Penal Law".

The Cayadutta Creek has been classified by...

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