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SCHENECTADY CHEMS. v. FLACKE

113 A.D.2d 168 (1985)

Schenectady Chemicals, Inc., Respondent, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, et al., Defendants, and Bonded Concrete, Inc., et al., Appellants

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

December 5, 1985

Attorney(s) appearing for the Case

Livingston T. Coulter for appellants.

Higgins, Roberts, Beyerl & Coan (William P. Willig of counsel), for respondent.

MAIN, CASEY, WEISS and LEVINE, JJ., concur.

KANE, J. P.

Defendants Bonded Concrete, Inc., and Troy Sand and Gravel Company, Inc. (hereinafter defendants), operate a gravel pit in the Town of Rotterdam, Schenectady County. The pit is located over the Rotterdam Aquifer, which supplies water to various Schenectady and Saratoga County communities. Plaintiff utilizes a large amount of water from the aquifer in its daily operation. In November 1979, defendants...

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