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IN THE MATTER OF HAULERS v. MADISON COUNTY DEPARTMENT OF SOLID WASTE AND SANITATION

9 A.D.3d 593 (2004)

780 N.Y.S.2d 201

In the Matter of HOLDEN'S HAULERS, Petitioner, v MADISON COUNTY DEPARTMENT OF SOLID WASTE AND SANITATION, Respondent.

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

July 1, 2004.

ROSE, J.

Within a few months after the passage of a local law providing that all nonrecyclable solid waste collected within Madison County must be disposed of at the county landfill, petitioner—a business licensed to collect and dispose of solid waste in Madison County—stopped delivering waste there. When an investigation showed that petitioner was still collecting waste within the county, respondent cited it for collecting on 192 separate occasions...

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