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MATTER OF HIGHVIEW ESTATES OF ORANGE COUNTY, INC. v. TOWN BD. OF TOWN OF MONTGOMERY

2011-09582.

101 A.D.3d 716 (2012)

955 N.Y.S.2d 175

2012 NY Slip Op 8309

In the Matter of HIGHVIEW ESTATES OF ORANGE COUNTY, INC., Respondent, v. TOWN BOARD OF TOWN OF MONTGOMERY, ORANGE COUNTY, NEW YORK, et al., Appellants. (Proceeding No. 1.) In the Matter of HIGHVIEW ESTATES OF ORANGE COUNTY, INC., Respondent, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Appellants. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 5, 2012.

Ordered that the judgment is reversed, on the law, with one bill of costs, the determinations are confirmed, the petitions are denied, and the proceedings are dismissed on the merits.

Taylor Holdings Group, Inc. (hereinafter Taylor), owns a parcel of real property in the Town of Montgomery, consisting of approximately 95 acres, on which it operated a construction and demolition debris (hereinafter C&D) processing and recycling facility. Most of the property was...

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