BRIGGS v. CHAPMAN


30 A.D.3d 923 (2006)

818 N.Y.S.2d 642

JOHN BRIGGS et al., Respondents, v. ANDREW J. CHAPMAN et al., Appellants.

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

June 29, 2006.


Crew III, J.P.

In July 1972, the Department of Environmental Conservation (hereinafter DEC) issued a permit to defendants for the reconstruction of a dam on their property on Grass Lake in the Town of Rossie, St. Lawrence County. Pursuant to the terms thereof, defendants were not allowed "to trespass upon the lands of others to perform the permitted work," nor were they granted approval "for flooding any lands other than those belonging to [them]." Additionally, defendants...

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