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TN PLATTEKILL v. DUTCHESS SANI

56 A.D.2d 150 (1977)

Town of Plattekill, by Its Supervisor Dominick Ferrante, Appellant, v. Dutchess Sanitation, Inc., Respondent

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

February 24, 1977

Attorney(s) appearing for the Case

Greenblatt & Forrester, P. C. (Michael H. Forrester of counsel), for appellant.

Mangold & Mahar (Jennifer L. Van Tuyl of Pagones & Cross, P. C., of counsel), for respondent.

Norman Kellar for Concerned Citizens Committee of Town of Plattekill, amicus curiae.

GREENBLOTT, J. P., SWEENEY and HERLIHY, JJ., concur; LARKIN, J., not taking part.

MAIN, J.

On September 8, 1962 the Town Board of the Town of Plattekill duly adopted an ordinance for the purpose of regulating the dumping of garbage, rubbish and waste and, in pertinent part, the ordinance prohibits the dumping of such substance, originating from outside the town, within the town. The defendant, Dutchess Sanitation Inc., is engaged in the business of collecting and disposing of waste and garbage and has purchased a 74-acre tract, previously...

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