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LOVE v. NEW YORK STATE DEPT. OF ENVIRON. CONSERV.

No. 80 Civ. 5081 (KTD).

529 F.Supp. 832 (1981)

Stanley LOVE, Plaintiff, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; Robert F. Flacke, as Commissioner of the New York State Department of Environmental Conservation; Paul Keller, as Director of Region III of the New York State Department of Environmental Conservation; Eugene Seebald, as Director, Division of Water, New York State Department of Environmental Conservation; State of New York; Town of Lewisboro, New York; Robert E. Green, Supervisor of the Town of Lewisboro; Robert F. Neukirch, Lynn H. Corson, Leslie N. Simon and Robert G. Langevin, Town Councilmen of Lewisboro; Paul A. Lewis, John A. Armstrong, John J. Donovan, Carolyn U. Smith and Theodore Chase, Members of the Planning Board of Lewisboro; Oakridge Land and Property Corp.; Robert F. Lusk; and the Lusk Corporation, Defendants.

United States District Court, S. D. New York.

As Amended December 17, 1981.

Attorney(s) appearing for the Case

Primoff & Primoff, New York City, for plaintiff; L. Robert Primoff, Butzel & Kass, Albert K. Butzel, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, for State defendants; John G. Proudfit, Asst. Atty. Gen., New York City, of counsel.

Winer, Neuburger & Sive, P.C., New York City, for defendants Oakridge Land and Property Corp., Robert F. Lusk, and The Lusk Corp., Daniel Riesel, Mark A. Chertok, Jay S. Blumenkopf, New York City, of counsel.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for Town defendants; Stephen B. Camhi, Nicholas A. Robinson, Patricia E. London, New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge:

This is an action brought under the Federal Water Pollution Control Act ["FWPCA"], 33 U.S.C. § 1251 et seq., arising from the alleged pollution of a pond and stream which traverse property owned by the plaintiff. The damage to the pond and stream purportedly resulted from the construction of a condominium project less than a mile north of plaintiff's property in the Town of Lewisboro, New York, and...

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