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TOWN OF ESOPUS v. STATE

166 Misc.2d 36 (1995)

631 N.Y.S.2d 213

Town of Esopus, Claimant, v. State of New York, Defendant. (Claim No. 88266.)

Court of Claims.

May 30, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (John J. Sipos of counsel), for defendant. Bleakley, Platt & Schmidt, White Plains (Matthew G. Parisi of counsel), for claimant.

LOUIS C. BENZA, J.

Beginning in 1968, the Town of Esopus (the Town) leased approximately 34.8 acres of land and began using the property as its municipal landfill. In 1978 the landfill was licensed by the Department of Environmental Conservation (DEC), and the license was renewed for a five-year period in 1981. The 1981 DEC permit required, among other things, that operation of the landfill comply with the applicable...

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