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CON ED v. TOWN OF RED HOOK

60 N.Y.2d 99 (1983)

Consolidated Edison Company of New York, Inc., Appellant, v. Town of Red Hook et al., Respondents, and Mid-Hudson Nuclear Opponents, Inc., et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Garrett E. Austin, Ernest J. Williams and Michael A. Wilcken for appellant.

James R. Loeb and Donald H. McCann for respondents.

Richard I. Cantor and Noel Tepper for intervenors-respondents.

David E. Blabey and Jonathan D. Feinberg for the Department of Public Service of the State of New York, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

KAYE, J.

In March, 1978, after more than a year of preliminary investigation, plaintiff, Consolidated Edison, announced that its engineers had recommended two sites in the mid-Hudson region for new major power plant facilities. One of the proposed sites was partly within the Town of Red Hook. In swift response to the announcement, defendants, the Town of Red Hook and its town board; in May, 1978 enacted Local...

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