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LANDFILL v. CALEDONIA

51 N.Y.2d 679 (1980)

Monroe-Livingston Sanitary Landfill, Inc., Appellant, v. Town of Caledonia, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Robert G. Harvey and G. Robert Witmer, Jr., for appellant.

Patrick M. Keefe for respondent.

Chief Judge COOKE and Judges JASEN and GABRIELLI concur with Judge WACHTLER; Judge FUCHSBERG dissents and votes to reverse in a separate opinion in which Judges JONES and MEYER concur.

WACHTLER, J.

The plaintiff owns and operates a 190-acre State licensed sanitary landfill in the Town of Caledonia, Livingston County. While the plaintiff was negotiating a contract with Monroe County to handle all of that county's refuse, the Town of Caledonia enacted its Sanitary Landfill Ordinance of July 17, 1976. Subdivision C of section 7 of that ordinance provides: "Refuse generated outside of the Town...

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