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MATTER OF LOVETT v. FLACKE

83 A.D.2d 718 (1981)

In the Matter of Jonathan Lovett, Petitioner, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents. (And Another Related Proceeding.)

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

July 23, 1981

Late in 1972 the Town of Somers, located in northern Westchester County, approved a 3,100-unit residential condominium project known as Heritage Hills of Westchester (Heritage Hills) which was to be constructed on some 995 acres of land in the town over a period of 10 years. At the same time, since there was no public water supply in the town and it did not desire to operate a system for this development, the town established the Heritage Hills Water District. Pursuant to...

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