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BRIGGS v. CHAPMAN

53 A.D.3d 900 (2008)

863 N.Y.S.2d 97

JOHN BRIGGS et al., Respondents, v. ANDREW J. CHAPMAN et al., Defendants, and ALPHA & OMEGA OUTFITTERS, LLC, Appellant.

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

Decided July 17, 2008.

Kavanagh, J.

In 1972, defendants Andrew J. Chapman and Thelma Chapman obtained a permit from the Department of Environmental Conservation for the reconstruction of a dam on their property, located on Grass Lake in the Town of Rossie, St. Lawrence County. Plaintiffs, owners of real property along Grass Lake, commenced this action in November 2004, alleging that the Chapmans violated the terms of their permit by the way they constructed this dam and have, as a result...

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