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MATTER OF McKINNEY v. COMM'R OF ENVTL. CONSERVATION

52 A.D.2d 881 (1976)

In the Matter of Walker McKinney, Respondent-Appellant, v. Commissioner of Environmental Conservation, Appellant-Respondent

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

May 10, 1976

Order reversed, on the law, with costs to the commissioner, determination confirmed and proceeding dismissed on the merits.

Petitioner is the owner of about 15 acres of real property situated within the Village of Quogue and the Town of Southampton. The property borders, in part, on Shinnecock Bay. Sometime in 1969 petitioner received a permit to dredge a channel into his property and to construct a boat basin thereon. The fill from the dredging was to be used to...

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