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MATTER OF TOWN OF BUTTERNUTS v. DAVIDSEN

259 A.D.2d 886 (1999)

686 N.Y.S.2d 239

In the Matter of the TOWN OF BUTTERNUTS, Appellant, v. DONALD R. DAVIDSEN, as Commissioner of the Department of Agriculture and Markets of the State of New York, Respondent.

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

Decided March 11, 1999.

Graffeo, J.

In an effort to reduce the use of commercial fertilizers on his cropland in the Town of Butternuts, Otsego County, Bruce Giuda sought to landspread restaurant and residential septage on 40 acres of his farmland. Working in conjunction with Giuda, in February 1996 Van Houten Contracting Services, Inc. applied for a septic tank cleaner and industrial waste collector permit from the State Department of Environmental Conservation (hereinafter DEC) to engage...

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