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NILSSON v. ENVTL. PROTECTION

8 N.Y.3d 398 (2007)

866 N.E.2d 1016

834 N.Y.S.2d 688

In the Matter of S. ELOF NILSSON et al., Respondents, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION OF CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Alan Beckoff, Stephen J. McGrath and Michael Burger of counsel), for appellant.

Daniels and Porco, LLP, Carmel (Robert C. Lusardi of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Intending to build a house on a parcel of vacant land in Putnam County, petitioner S. Elof Nilsson applied for a permit to build a subsurface sewage treatment system (SSTS). The parcel is within what is commonly referred to as the New York City Watershed, where reservoirs provide drinking water to that city and to an increasing number of residents of counties north of it. Construction...

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