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MATTER OF NEW YORK PUB. INTEREST RESEARCH GROUP, INC. v. BROOME COUNTY RES. RECOVERY AGENCY

189 A.D.2d 1079 (1993)

In the Matter of New York Public Interest Research Group, Inc., et al., Appellants, v. Broome County Resource Recovery Agency, Respondent

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

January 28, 1993

Yesawich Jr., J.

In March 1991 respondent entered into a "letter of intent and agreement" with Chambers Waste Systems of Virginia, Inc., by the terms of which Chambers agreed to reserve sufficient capacity at one of its landfills for the disposal of ash residue and bypass waste to be generated by an incinerator to be constructed by respondent in Broome County. In exchange for this promise, respondent agreed to pay a "landfill standby fee" of $2,000 per...

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