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THE HARLEM YACHT CLUB v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD

40 A.D.3d 331 (2007)

836 N.Y.S.2d 66

THE HARLEM YACHT CLUB et al., Appellants, v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Respondent.

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

Decided May 10, 2007.

Petitioner yacht club fires a cannon at sundown each day during the boating season to alert its members and guests that the flag on the club's grounds is about to be lowered so that they could stand and show respect. Neighbors complained about the noise, resulting in the issuance of the first challenged violation for unreasonable noise. The club then switched from a 10- to a 12-gauge shot to produce a lower sound, but a second violation was nevertheless issued.

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