MATTER OF TOWN OF CORNWALL v. DIAMOND


39 A.D.2d 762 (1972)

In the Matter of The Town of Cornwall, Acting on Behalf of The Firthcliffe Sewer District, Respondent, v. Henry L. Diamond, as Commissioner of The Department of Environmental Conservation, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 22, 1972


Judgment reversed, on the law, without costs, petition dismissed on the merits and determination confirmed.

Although the petitioner town asserts herein that reimbursement was warranted because the sewer plant had been operated in accordance with pertinent statutory and regulatory requirements, its primary claim for relief is that, in making certain modifications to the plant's sludge return system, it acted in good faith and relied upon an express representation by...

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