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MATTER OF MAGUIRE

64 A.D.2d 745 (1978)

In the Matter of Edward C. Maguire et al., Constituting The Board of Water Supply of the City of New York, Appellant-Respondent, Relative to Acquiring Title to Real Property for and on Behalf of The City of New York, in The County of Sullivan, for the Purpose of Providing Additional Water for The City of New York. Frank Plessl et al., Respondents-Appellants

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

July 13, 1978

At issue on these appeals are four individual claims against the City of New York for loss in recreational and market values of properties riparian to the Delaware River allegedly due to changes in the flow and temperature of the river with their concomitant adverse effect on swimming, fishing and boating. The changes in flow and temperature result from the city's impoundment and diversion of water from the east and west branches of the Delaware River for the use of its residents...

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