Legal Opinion
Onondaga Landfill Systems, Inc. v. Flacke
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1981No. Appeal No. 1PublishedCited by 12 opinions
1Opinion of the Court
— Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: The Department of Environmental Conservation (DEC) and Commissioner Flacke appeal from a judgment which ordered DEC to issue a mining permit to petitioner. Under the terms of a contract with Charles Realty petitioner is entitled to remove 220,000 cubic yards of soil from a drumlin (an elongate hill of glacial drift). The drumlin, which is approximately 130 feet in height and 350 feet in length, is situate on a 9.2-acre tract of land owned by Charles Realty in the Town of Geddes. Petitioner is not paying for…
2Cases cited5 opinions
- Nicholas v. KahnNew York Court of Appeals · 1979
- H.O.M.E.S. v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Bates v. ToiaNew York Court of Appeals · 1978
- Town of Junius v. FlackeAppellate Division of the Supreme Court of the State of New York · 1979
- Town of Junius v. FlackeNew York Court of Appeals · 1981
3Cited by12 opinions
- Kirk-Astor Drive Neighborhood Ass'n v. Town Board of Town of PittsfordAppellate Division of the Supreme Court of the State of New York · 1984
- Sun Co. v. City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1995
- Connell v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1985
- Ecumenical Task Force of Niagara Frontier, Inc. v. Love Canal Area Revitalization AgencyAppellate Division of the Supreme Court of the State of New York · 1992
- Valley Realty Development Co. v. JorlingAppellate Division of the Supreme Court of the State of New York · 1995
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