Court Cites Flood Risk in Barring Couple’s Dam

     ALBANY, N.Y. – A couple is not allowed to build a dam on their property that causes flooding in their neighbor’s land, the New York Appellate Division ruled.

     Andrew and Thelma Chapman obtained a permit in 1972 from the Department of Environmental Conservation to rebuild a dam on their property in Rossie, N.Y.
     Judge Kavanaugh agreed with the trial court that there was ample proof that the Chapman’s dam was flooding the neighbors’ properties.
Also, the trial court properly ruled that a similar anti-flooding ruling that was issued when the property was under previous ownership was still in effect.

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