Legal Opinion
Town of Ellery v. New York State Department of Environmental Conservation
New York Supreme Court
Decided October 20, 2016Published
1Opinion of the Court
OPINION OF THE COURT
Frank A. Sedita, III, J.
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 facility located in the Town of Ellery, New York. The Town, with a population of approximately 4,500, is located in Chautauqua County, which has a population of approximately 135,000.
The County opened the CCLF in 1981, in accordance with County Law § 226-b. Prior to its opening,…
2Cases cited15 opinions
- Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
- Akpan v. KochNew York Court of Appeals · 1990
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- Riverkeeper, Inc. v. Planning BoardNew York Court of Appeals · 2007
- In re the County of MonroeNew York Court of Appeals · 1988
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