CURTIS v. TOWN OF MACEDON


112 A.D.2d 801 (1985)

Kevin Curtis et al., Appellants-Respondents, v. Town of Macedon et al., Respondents-Appellants, and Waste Management of New York, Inc., Respondent. (Appeal No. 2.)

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

July 12, 1985


Proceeding converted to declaratory judgment action. Judgment unanimously reversed, on the law, without costs, and judgment granted in favor of plaintiffs, in accordance with the following memorandum:

We disagree with the trial court's interpretation of the 1978 agreement entered into between the Town of Macedon and Alpco, Inc., Waste Management's predecessor, for the operation of a sanitary landfill, and we conclude that the agreement imposed a limit on the source...

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