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ORANGE ENVIRONMENT, INC. v. COUNTY OF ORANGE

91 Civ. 8688 (GLG).

923 F.Supp. 529 (1996)

ORANGE ENVIRONMENT, INC., Arthur E. Soons and Sandra Soons, Plaintiffs, Hudson Riverkeeper Fund, Inc., Plaintiff-Intervenors, v. COUNTY OF ORANGE, et al., Defendants.

United States District Court, S.D. New York.

April 18, 1996.

Attorney(s) appearing for the Case

Scott A. Thornton, New Hampton, New York, Elizabeth Barbanes, Katonah, New York, for Plaintiff Orange Environment, Inc.

Jeffrey P. Soons, New Hampton, New York, for Plaintiffs Arthur and Sandra Soons.

Pace Environmental Litigation Clinic, White Plains, New York by Robert F. Kennedy, Jr., Karl S. Coplan, Timothy B. Mooney (Legal Intern), for Intervenor-Plaintiff Hudson Riverkeeper Fund, Inc.

LeBoeuf, Lamb, Greene & MacRae, L.L.P., Albany, New York by Robert J. Alessi, Vincent P. Esposito, Jr., Theresa Atkins, for Defendant County of Orange.

OPINION

GOETTEL, District Judge.

The plaintiffs move for partial summary judgment and a preliminary injunction, including a declaratory judgment.1 The defendants, Orange County and its officials, cross move for partial summary judgment and to dismiss the action.

Logic would indicate that when both parties move for summary judgment, there are few, if any, facts in dispute and the Court is called upon simply to determine...

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