MORAN v. VILL. OF PHILMONT


147 A.D.2d 230 (1989)

Louis Moran, Appellant, v. Village of Philmont et al., Respondents. (Action No. 1.) Village of Philmont, Respondent, v. Louis Moran, Appellant, et al., Defendant. (Action No. 2.)

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

June 22, 1989


Attorney(s) appearing for the Case

Reisch, Simoni, Bythewood & Gleason (David A. Bythewood of counsel), for appellant.

Connor, Curran & Schram (John G. Connor, Jr., of counsel), for respondents.

MAHONEY, P. J., MIKOLL, YESAWICH, JR., and LEVINE, JJ., concur.


WEISS, J.

In July 1988, the Board of Trustees of the Village of Philmont, Columbia County (hereinafter Board), enacted Local Laws, 1988, No. 2 (hereinafter Local Law No. 2) prohibiting the operation of private landfills within the municipal limits of the village. Our primary inquiry is whether Supreme Court properly upheld the constitutionality of this ordinance and enjoined Louis Moran from dumping or permitting...

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