People v. System Properties, Inc.

The complaint alleges, among other things, that a dam constructed and maintained by defendant System Properties, Inc., in the Ticonderoga River is an unlawful encroachment on the bed of a public navigable stream and a nuisance. Plaintiffs demand judgment for the removal of the dam, for a declaration on the conflicting claims of the State and defendant System Properties, Inc., and for an injunction restraining that defendant from continuing its alleged trespass and encroachment and from interfering in any manner with the water levels. After issue was joined, plaintiffs moved to have certain…