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HONEOYE SCH. DIST v. BERLE

72 A.D.2d 25 (1979)

In the Matter of Honeoye Central School District et al., Appellants, v. Peter A. A. Berle, as Commissioner of Environmental Conservation of The State of New York, et al., Respondents In the Matter of Town of Canadice et al., Appellants, v. New York State Department of Environmental Conservation et al., Respondents

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

December 21, 1979

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Robert G. Harvey, John B. Hood and Thomas D. Lustig of counsel), for Honeoye Central School District and another, appellants.

Levy, Feldman & Licata, P. C. (David Levy of counsel), for Town of Canadice and others, appellants.

Robert Abrams, Attorney-General (Peter G. Crary, Jeremiah Jochnowitz and Francis J. Keehan of counsel), for Peter A. A. Berle and another, respondents.

Louis N. Kash, Corporation Counsel (Susan L. Hauser of counsel), for City of Rochester, respondent.

CARDAMONE, J. P., SCHNEPP, CALLAHAN and MOULE, JJ., concur.

HANCOCK, JR., J.

For more than 100 years, two lakes, Hemlock and Canadice, in the highlands south of the City of Rochester, have furnished a substantial part of the city's water requirements. The lakes and the surrounding 7,343 acres of wooded watershed area in Livingston and Ontario Counties, acquired by the city through condemnation pursuant to statute (L 1872, chs 387, 771, § 22; L 1873, ch 754) constitute...

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