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MATTER OF BILLERBECK v. BRADY

224 A.D.2d 937 (1996)

637 N.Y.S.2d 890

In the Matter of Sandra G. Billerbeck et al., Respondents, v. James Brady et al., as Trustees of Galen-Lyons Landfill Commission, et al., Respondents, and William L. Heitzenrater et al., Intervenors-Appellants In the Matter of Western Finger Lakes Solid Waste Management Authority et al., Respondents, v. Galen-Lyons Joint Landfill Commission, Respondent, and William L. Heitzenrater et al., Appellants

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

February 2, 1996

Judgment unanimously affirmed without costs.

Memorandum:

These consolidated proceedings arise from an attempt by William L. Heitzenrater, Landcom, Inc., and Buffalo Environmental Consultants, Inc. (respondents) to open a new solid waste facility adjacent to an existing landfill operated by the Galen-Lyons Joint Landfill Commission (Commission). In 1991 the Department of Environmental Conservation (DEC) ordered the Commission to close its landfill and a consent...

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