MATTER OF COUNTY OF MONROE


72 N.Y.2d 338 (1988)

In the Matter of the County of Monroe's Compliance with Certain Zoning and Permit Requirements of the City of Rochester in Connection with the City/County Airport Expansion. City of Rochester, Appellant; County of Monroe, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1988.


Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Ellen A. Anderson of counsel), for appellant.

Patrick M. Malgieri, County Attorney (Ann M. Kerwick of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

Should the expansion, with accessory uses, of the Greater Rochester International Airport by the County of Monroe be subject to the site plan approval requirements of the City of Rochester? Based on General Municipal Law § 350 and on the balancing of public interests, we agree with the result at the Appellate Division that it should not.

The facts before the Appellate Division, pursuant...

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