COUNTY OF WESTCHESTER v. TOWN OF GREENWICH, CONN.

No. 90 Civ. 1302 (GLG).

745 F.Supp. 951 (1990)

COUNTY OF WESTCHESTER, Plaintiff, v. TOWN OF GREENWICH, CONNECTICUT, Commissioner of Transportation of the State of Connecticut, Laurelton Nursing Home, Inc., Greenwich King Street Associates II, L.P., the Convent of the Sacred Heart, and Mildred Tomonto, Defendants.

United States District Court, S.D. New York.

September 10, 1990.


Attorney(s) appearing for the Case

Marilyn J. Slaaten, Westchester County Atty., White Plains, N.Y. (Paul D. Sirignano, Sr. Asst. County Atty., of counsel), for plaintiff.

John E. Meerbergen, Town Atty., Greenwich, Conn. (John E. Meerbergen, of counsel), for defendant Town of Greenwich, Conn.

Clarine Nardi Riddle, Connecticut Atty. Gen., Hartford, Conn. (Kenneth N. Tedford, Asst. Atty. Gen., of counsel), for defendant Com'r of Transp. of the State of Conn.

Stuart A. McKeever, Westport, Conn. (Stuart A. McKeever, of counsel), for defendant Laurelton Nursing Home, Inc.

Cummings & Lockwood, Stamford, Conn. (Chase T. Rodgers, of counsel), for Greenwich King Street Associates II, L.P.

Badger, Fisher & Cohen, Greenwich, Conn. (Miles F. McDonald, Jr., of counsel), Berle, Kass & Case New York City (Charles S. Warren, Karl S. Coplan, of counsel), for defendant The Convent of the Sacred Heart.

Sive, Paget & Riesel, New York City (David Sive, of counsel), for Mildred Tomonto.


OPINION

GOETTEL, District Judge.

Cases involving the acronym "NIMBY," which stands for "Not In My Backyard," have been feverishly litigated throughout the country. In this case, we are presented with a variation on the theme, and have developed what we believe is a new acronym, NIMAS, which stands for "Not In My Airspace."

I. FACTS

Plaintiff, the County of Westchester, which is located in New York State, owns and operates the Westchester...

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