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DUMP THE DUMP, INC. v. TOWN OF ISLIP

116 A.D.2d 552 (1986)

Dump the Dump, Inc., Plaintiff, and Board of Education, Hauppauge Union Free School District, Respondent, v. Town of Islip, Appellant, et al., Defendant

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

January 13, 1986

Order affirmed, with one bill of costs.

The record indicates that appellant is conducting a sand-mining operation on land adjoining the existing 72-acre Blydenburgh landfill. The sand-mining operation, which contemplates the removal of 1.3 million cubic yards of sand, is defended by the Town of Islip as a necessary measure to cap the existing landfill and curb the nuisance that the latter has created. However, a review of the entire record indicates that (1) only...

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