Herkimer Pulp & Packaging Corp. v. McMorran

This is a proceeding, under article 78 of the CPLR, to annul an order of the State Superintendent of Public Works which would require petitioner to make certain changes to its hydraulic canal complex adjacent to West Canada *128Creek in Herkimer County. The order was purportedly issued pursuant to the provisions of section 948 of the Conservation Law. This section provides generally that whenever the Superintendent of Public Works finds that public safety requires the removal, repair or reconstruction of a structure for impounding water in a natural stream or watercourse he may direct the owner…