SCA CHEM. WASTE SERVS., INC. v. BD. OF APPEALS OF THE TOWN OF PORTER


52 N.Y.2d 963 (1981)

SCA Chemical Waste Services, Inc., Respondent, v. Board of Appeals of the Town of Porter et al., Appellants.

Court of Appeals of the State of New York.

Decided February 12, 1981.


Attorney(s) appearing for the Case

George A. Orr, Jr., for appellants.

H. Kenneth Schroeder, Jr., Stephen H. Kelly and Anne S. Simet for respondent.

Concur: Judges JONES, WACHTLER, FUCHSBERG and MEYER. Judge GABRIELLI dissents and votes to reverse in an opinion in which Chief Judge COOKE and Judge JASEN concur.


Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice JOHN J. CALLAHAN at the Appellate Division (75 A.D.2d 106).

GABRIELLI, J. (dissenting).

I am required to dissent for I believe that the majority errs in affirming the determination of the Appellate Division, which held that a large pipeline carrying hazardous industrial waste water from an industrial waste disposal plant is not an impermissible...

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