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VIL. OF HUDSON FALLS v. DEC

158 A.D.2d 24 (1990)

In the Matter of Village of Hudson Falls et al., Respondents, v. New York State Department of Environmental Conservation et al., Appellants, and Counties of Warren and Washington Industrial Development Agency et al., Intervenors-Appellants

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

June 14, 1990

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Francis J. Keehan, Peter H. Schiff and Douglas H. Ward of counsel), for appellants.

Lewis B. Oliver, Jr., and Harriet B. Oliver for respondents.

Miller, Mannix & Pratt, P. C. (Benjamin R. Pratt, Jr., of counsel), for intervenors-appellants.

MIKOLL and LEVINE, JJ., concur with WEISS, J.; MAHONEY, P. J., and YESAWICH, JR., J., concur in part and dissent in part in an opinion by YESAWICH, JR., J.

WEISS, J.

As long ago as September 1984, representatives of petitioner Village of Hudson Falls (hereinafter the Village) in Washington County and intervenor Adirondack Resource Recovery Associates (hereinafter ARRA) began discussions regarding a proposal by ARRA to construct a facility on a 16-acre industrially zoned parcel owned by the Village to incinerate 400 tons per day of nonhazardous refuse and municipal...

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