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BLOSS v. VILL. OF CANASTOTA

35 Misc.2d 829 (1962)

Milton D. Bloss et al., Plaintiffs, v. Village of Canastota et al., Defendants.

Supreme Court, Trial and Special Term, Madison County.

September 12, 1962

Attorney(s) appearing for the Case

R. J. & P. R. Shanahan (Paul R. Shanahan of counsel), for plaintiffs. Michael Powers for the Village of Canastota, defendant. John F. Robertson for Town of Lenox, defendant.

HOWARD A. ZELLER, J.

Plaintiffs, Bloss and Jones, own and occupy dairy farm lands in the Town of Lenox, Madison County. Defendant Village of Canastota is incorporated, had a 1960 census population of 4,896 and is located within the boundaries of the town.

Bloss and Jones, seek a judgment prohibiting the village and town from operating a municipal dump and for money damages. They complain that the usual...

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