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SCHENECTADY CHEMS. v. FLACKE

83 A.D.2d 460 (1981)

In the Matter of Schenectady Chemicals, Inc., Appellant, v. Robert F. Flacke, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents

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

December 23, 1981

Attorney(s) appearing for the Case

Higgins, Roberts, Beyerl & Coan, P. C. (William P. Willig of counsel), for appellant.

Robert Abrams, Attorney-General (James A. Sevinsky and Shirley Adelson Siegel of counsel), for Robert F. Flacke and another, respondents.

Couch, Coulter & Howard, P. C. (Livingston T. Coulter of counsel), for Bonded Concrete, Inc., respondent.

Whiteman, Osterman & Hanna (John Hanna, Jr., and Steven G. Brooks of counsel), for Town of Rotterdam, amicus curiae.

SWEENEY, KANE, CASEY and WEISS, JJ., concur.

MAHONEY, P. J.

Although the background of this proceeding is fairly complex, resolution of the instant appeal requires the recitation of only a few salient facts. On April 9, 1979, respondent Bonded Concrete, Inc. (Bonded) applied to the Department of Environmental Conservation (DEC) for a permit to mine a gravel pit located over the Rotterdam Junction Aquifer in the County of Schenectady. The aquifer is part...

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