MATTER OF PURE AIR & WATER, INC. OF CHEMUNG COUNTY v. DAVIDSEN


246 A.D.2d 786 (1998)

668 N.Y.S.2d 248

In the Matter of Pure Air and Water, Inc. of Chemung County, Appellant, v. Donald Davidsen, as Commissioner of Agriculture and Markets, et al., Respondents

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

January 15, 1998


White, J.

Respondent Trengo Hog Partnership owns and operates a 166-acre farm in the Town of Chemung, Chemung County, on which it raises approximately 1,000 pigs. In February 1995, Trengo, pursuant to the State's Right to Farm Law (Agriculture and Markets Law § 308), requested an opinion from respondent Commissioner of Agriculture and Markets (hereinafter the Commissioner) regarding the soundness of its manure management program. Under this program...

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