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NIAGARA v. TN BD OF NIAGARA

83 A.D.2d 335 (1981)

In the Matter of Niagara Recycling, Inc., et al., Respondents, v. Town Board of the Town of Niagara et al., Appellants

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

November 13, 1981

Attorney(s) appearing for the Case

Robert P. Merino (Rita Hager of counsel), for appellants.

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

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

HANCOCK, JR., J.

Was the enactment by the Town of Niagara of a local law to regulate the siting and operation of waste disposal and management facilities an action requiring the filing of an environmental impact statement (EIS) under the State Environmental Quality Review Act (SEQRA)? We must decide this question in the town's appeal from a judgment (108 Misc.2d 277) in...

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