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MATTER OF MODERN LANDFILL, INC. v. JORLING

161 A.D.2d 1112 (1990)

In the Matter of Modern Landfill, Inc., Appellant-Respondent, v. Thomas Jorling, as Commissioner of New York State Department of Environmental Conservation, Respondent, and Town of Lewiston, Intervenor-Respondent-Appellant

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

May 11, 1990

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

In 1983 petitioner was granted a permit by the New York State Department of Environmental Conservation (DEC) to operate a sanitary landfill in the Town of Lewiston, New York. The permit in part authorized a sideslope ratio of 1 to 4 resulting in a maximum height for the landfill of 37 feet. In December 1985 petitioner submitted an application...

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