MATTER OF BRI-MAR CORP. v. TOWN BD. OF THE TOWN OF KNOX


74 N.Y.2d 826 (1989)

In the Matter of Bri-Mar Corporation, Doing Business as Knox Estates Mobile Home Park, et al., Respondents, v. Town Board of the Town of Knox, Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 12, 1989.


Attorney(s) appearing for the Case

Susan S. Dautel and Lloyd Sokolow, Town Attorney, for appellant.

Lewis B. Oliver, Jr., and Harriet B. Oliver for Bri-Mar Corporation and others, respondents.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Joan Leary Matthews of counsel), for New York State Department of Environmental Conservation, respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the article 78 proceeding dismissed and judgment granted in favor of the Town Board of the Town of Knox declaring section 10 of the Sanitary Code of the Town of Knox valid.

The Legislature has clearly provided that "Local laws, ordinances or regulations which comply with at least the minimum applicable standards set forth in the sanitary...

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