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DUTCHESS SAN. v. PLATTEKILL

73 A.D.2d 300 (1980)

Dutchess Sanitation Service, Inc., Appellant, v. Town of Plattekill, Respondent

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

March 27, 1980

Attorney(s) appearing for the Case

Steven A. Greenwold for appellant.

Greenblatt, Forrester & Axelrod, P. C. (Richard Greenblatt of counsel), for respondent.

SWEENEY, J. P., STALEY, JR., CASEY and HERLIHY, JJ., concur.

KANE, J.

Plaintiff acquired real property in the defendant Town of Plattekill in 1975 and operated the premises as a sanitary landfill. A town ordinance, adopted in 1962, prohibits dumping refuse within the town that originates outside the town. In a prior action, this court upheld the validity of the ordinance and permanently enjoined plaintiff from violating any of its terms (Town of Plattekill v Dutchess...

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