IRONDEQUOIT — The New York State Department of Environmental Conservation is now suing the International Joint Commission (IJC) over flooding from Lake Ontario.
Gov. Andrew Cuomo announced the lawsuit during his appearance at Silk O'Loughlin's, which is on Lake Ontario in Irondequoit. The bar had a lot of problems with flooding this spring.
The lawsuit argues that the IJC must compensate the state for the "destruction resulting from water level mismanagement."
"The facts of the matter are plain: The IJC's function is to manage the Lake Ontario water levels, and they failed — period. They have been wholly unresponsive and have taken no action to make the situation better," Cuomo said. "We will not shoulder the burden of the destruction that is a direct result of the IJC's gross mismanagement of Lake Ontario water levels, and the IJC needs to compensate New York for the severe damage to the homes and businesses along the shoreline. That's what this lawsuit is all about."
Specifically, the complaint asserts the following causes of action:
Negligence: The IJC breached its duty by failing to take sufficient steps to protect the interests of New York property owners on the Lake Ontario shoreline.
Nuisance: The IJC was or should have been substantially certain that its conduct would cause an invasion of the State's interest in the use and enjoyment of its land.
Trespass: The IJC failed to increase outflows from Lake Ontario to lower water levels and abate flooding.