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MATTER OF SENECA MEADOWS, INC. v. TOWN OF SENECA FALLS

No. 507 CA 20-01397.

197 A.D.3d 932 (2021)

152 N.Y.S.3d 873

2021 NY Slip Op 04836

In the Matter of Seneca Meadows, Inc., Appellant, v. Town of Seneca Falls et al., Respondents. Concerned Citizens of Seneca County, Inc., et al., Intervenors-Respondents.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

NIXON PEABODY LLP, ROCHESTER ( RICHARD A. McGUIRK OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

BOYLAN CODE LLP, ROCHESTER ( DAVID K. HOU OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS.

DOUGLAS H. ZAMELIS , COOPERSTOWN, FOR INTERVENORS-RESPONDENTS.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the motions are denied, and the petition/complaint is reinstated.

Memorandum: Petitioner/plaintiff (petitioner) has operated a solid waste disposal facility in respondent/defendant Town of Seneca Falls (Town) for several decades pursuant to lawfully-issued permits issued by the New York State Department of...

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