Legal Opinion
Town of Poughkeepsie v. Flacke
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1981PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
COHALAN, J.
This appeal is from a judgment of the Supreme Court, Dutchess County, that dismissed the petition in a CPLR article 78 proceeding (105 Misc 2d 149). The proceeding was brought on the petition of the Town of Poughkeepsie (Town) to annul the determination of the Commissioner of the State Department of Environmental Conservation (DEC) which authorized the operation of a solid waste management facility (landfill) by Dutchess Sanitation Service, Inc. (Dutchess), in a residential portion of the Town, subject to numerous conditions.
The issues to be resolved on this…
2Cases cited4 opinions
- 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
- Monroe-Livingston Sanitary Landfill, Inc. v. Town of CaledoniaNew York Court of Appeals · 1980
- Kravetz v. PlengeNew York Supreme Court · 1979
- Town of Poughkeepsie v. FlackeNew York Supreme Court · 1980
3Cited by11 opinions
- WEOK Broadcasting Corp. v. Planning BoardNew York Court of Appeals · 1992
- Zagoreos v. ConklinAppellate Division of the Supreme Court of the State of New York · 1985
- Gracie Point Community Council v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011
- Ames v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1991
- Troy Sand & Gravel Co. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 2012
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