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TOWN OF ELLERY v. NEW YORK STATE DEPT. OF ENVTL. CONSERVATION

K1-2016-86.

54 Misc.3d 482 (2016)

2016 NY Slip Op 26353

40 N.Y.S.3d 877

TOWN OF ELLERY, Petitioner/Plaintiff, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents/Defendants.

Supreme Court, Chautauqua County.

Decided October 20, 2016.

Attorney(s) appearing for the Case

The Zoghlin Group, PLLC ( Mindy L. Zoghlin and Bridget O'Toole of counsel) for petitioner/plaintiff.

Webster Szanyi, LLP ( Jeremy A. Colby of counsel) for Chautauqua County, respondent/defendant.

Eric T. Schneiderman , Attorney General ( Susan L. Taylor of counsel), for New York State Department of Environmental Conservation, respondent/defendant.

OPINION OF THE COURT

The ultimate question before the court is whether the most recently sanctioned expansion of the Chautauqua County Landfill (CCLF), as it stands and without further municipal approval, is legally permissible.

Factual Summary and Procedural History

The CCLF is a waste management...

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