MATTER OF ROBERTS v. TOWN BD. OF CARMEL


207 A.D.2d 404 (1994)

615 N.Y.S.2d 725

In the Matter of James W. Roberts et al., Appellants, v. Town Board of Carmel, Respondent

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

August 8, 1994


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Town of Carmel operates a sewage treatment plant known as Carmel Sewer District No. 2 (hereinafter District 2). In the 1980's, District 2 exceeded its New York State Pollutant Discharge Elimination Systems permit, which regulates the wastewater effluent from the plant. The Town determined that a new treatment plant would correct the problems and connect properties in District 2 which were...

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