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MODERN LANDFILL v. LEWISTON

181 A.D.2d 159 (1992)

Modern Landfill, Inc., Appellant, v. Town of Lewiston, Defendant, and Residents Organized for Lewiston-Porter's Environment, Inc., Intervenor-Respondent

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

July 14, 1992

Attorney(s) appearing for the Case

Cole, Sorrentino, Hurley & Hewner, P. C. (Connors & Vilardo [Lawrence Vilardo] of counsel), for Modern Landfill, Inc., appellant.

Benjamin N. Hewitt for Town of Lewiston, appellant.

R. Nils Olsen, Jr., for intervenor-respondent.

PINE, BALIO, LAWTON and DOERR, JJ., concur.

CALLAHAN, J. P.

Plaintiff Modern Landfill, Inc. (Modern) owns and operates a sanitary landfill within the Town of Lewiston (Town). The landfill opened in 1983 after the New York State Department of Environmental Conservation (DEC) and the Town issued permits. The DEC permit in part authorized a side-slope ratio of 1 to 4 resulting in a maximum height of 37 feet for the landfill. The Town permit incorporated...

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