CITIZENS OF COHOCTON VALLEY v. AVOCA PLAN. BD.

No. 95-CV-6238L.

919 F.Supp. 643 (1996)

CONCERNED CITIZENS OF COHOCTON VALLEY, INC., Plaintiff, v. TOWN OF AVOCA PLANNING BOARD, New York State Department of Environmental Conservation, Michael Zagatza, as Commissioner of the New York State Department of Environmental Conservation, Jeffrey J. Sama, Deputy Permit Administrator of the New York State Department of Environmental Conservation, County of Steuben Industrial Development Agency, and J. Makowski Associates, Inc., Defendants.

United States District Court, W.D. New York.

March 21, 1996.


Attorney(s) appearing for the Case

Alan J. Knauf, Knauf, Craig & Doran, P.C., Rochester, NY, for Concerned Citizens of Cohocton Valley, Inc.

Robert H. Plaskov, Bath, NY, for Town of Avoca Planning Board.

Timothy Hoffman, NYS Attorney General's Office, Buffalo, NY, for New York State Department of Environmental Conservation, Michael Zagata., Jeffrey J. Sama.

Ruth E. Leistensnider, Nixon, Hargrave, Devans & Doyle LLP, Rochester, NY, for County of Steuben Industrial Development Agency.

Mark A. Chertok, Sive, Paget & Riesel, New York City, Lee A. Alexander, Frederick M. Lowther, Dickstein, Shapiro & Morin, Washington, DC, for J. Makowski Associates, Inc.


DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Plaintiff, Concerned Citizens of Cohocton Valley, Inc. ("Citizens") brought this action challenging certain permits that have been granted in connection with a natural-gas storage project in the Town of Avoca, New York ("Town"). Citizens, a not-for-profit corporation made up of Avoca-area residents, contends that the issuance of the permits by several different governmental bodies...

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