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CHEM-TROL v. BD. OF APPEALS

65 A.D.2d 178 (1978)

Chem-Trol Pollution Services, Inc., Respondent, v. Board of Appeals of the Town of Porter, Appellant

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

December 15, 1978

Attorney(s) appearing for the Case

Orr, Brydges & Orr (George A. Orr, Jr., of counsel), for appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Stephen H. Kelly and Robert W. Keller of counsel), for respondent.

MARSH, P. J., DILLON, HANCOCK, JR., and WITMER, JJ., concur.

SCHNEPP, J.

Respondent, Board of Appeals of the Town of Porter, appeals from an order at Special Term directing the issuance of a special excavation permit to respondent Chem-Trol Pollution Services, Inc. ("Chem-Trol").

Chem-Trol conducts a liquid and solid waste disposal business on approximately 900 acres in a "controlled nuisance industrial" district in the Town of Porter, a portion of its premises...

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