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SEYMOUR v. SARATOGA COUNTY

190 A.D.2d 276 (1993)

In the Matter of Carl L. Seymour, as Supervisor of The Town of Northumberland, et al., Appellants, v. County of Saratoga, Respondent

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

May 20, 1993

Attorney(s) appearing for the Case

Oliver & Oliver, Albany (Lewis B. Oliver, Jr., of counsel), for appellants.

Bond, Schoeneck & King, Albany (David R. Sheridan of counsel), for respondent.

MIKOLL, J. P., and CREW III, J., concur with YESAWICH JR., J.; MERCURE, J., dissents in a separate opinion.

YESAWICH JR., J.

In 1989, respondent designated itself a planning unit pursuant to ECL 27-0107 and contracted with Smith & Mahoney, P.C., an engineering firm, to develop a solid waste management plan (hereinafter the plan). The plan, which was ultimately adopted by respondent and approved by the Department of Environmental Conservation (hereinafter DEC), called for the establishment of a County landfill...

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