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MATTER OF PETE DROWN, INC. v. TOWN BD. OF THE TOWN OF ELLENBURG

229 A.D.2d 877 (1996)

646 N.Y.S.2d 205

In the Matter of Pete Drown, Inc., et al., Appellants, v. Town Board of the Town of Ellenburg, Respondent

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

July 25, 1996

Yesawich Jr., J.

In 1988, petitioner Elvin F. Drown, president of petitioner Pete Drown, Inc. (hereinafter PDI), decided to construct a medical waste incineration facility in the Town of Ellenburg, Clinton County. The Town had no zoning ordinance at that time. After initial plans to locate the incinerator on the site of a crematorium owned and operated by PDI were rejected by the State Division of Cemeteries, petitioners purchased a separate parcel of...

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