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ONONDAGA LANDFILL SYS., INC. v. FLACKE

81 A.D.2d 1022 (1981)

Onondaga Landfill Systems, Inc., Respondent, v. Robert F. Flacke, as Commissioner of The Department of Environmental Conservation of the State of New York, et al., Appellants. (Appeal No. 1.)

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

May 27, 1981

Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

The Department of Environmental Conservation (DEC) and Commissioner Flacke appeal from a judgment which ordered DEC to issue a mining permit to petitioner. Under the terms of a contract with Charles Realty petitioner is entitled to remove 220,000 cubic yards of soil from a drumlin (an elongate hill of glacial drift). The drumlin, which is approximately 130 feet in height and...

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