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NIAGARA RECYCLING v. NIAGARA

83 A.D.2d 316 (1981)

Niagara Recycling, Inc., et al., Appellants-Respondents, v. Town of Niagara, Respondent-Appellant

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

November 13, 1981

Attorney(s) appearing for the Case

Duke, Holzman, Yaeger & Radlin (Emanuel Duke of counsel), for appellants-respondents.

Robert P. Merino (Rita Hager of counsel), for respondent-appellant.

DILLON, P. J., CALLAHAN, DOERR and SCHNEPP, JJ., concur.

HANCOCK, JR., J.

Plaintiffs appeal from an order denying their motion for a preliminary injunction (CPLR 6301) in a declaratory judgment action in which they attack the constitutionality of Local Law No. 8 adopted by the Niagara Town Board on November 25, 1980 entitled "Solid Waste Management Facility, Incineration, Recycling, and Landfills Law of the Town of Niagara". Defendant town cross-appeals from the denial...

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