Legal Opinion

Schenectady Chemicals, Inc. v. Flacke

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1985PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Kane, J. P.

Defendants Bonded Concrete, Inc., and Troy Sand and Gravel Company, Inc. (hereinafter defendants), operate a gravel pit in the Town of Rotterdam, Schenectady County. *169The pit is located over the Rotterdam Aquifer, which supplies water to various Schenectady and Saratoga County communities. Plaintiff utilizes a large amount of water from the aquifer in its daily operation. In November 1979, defendants obtained a mining permit from the Department of Environmental Conservation (hereinafter DEC) following a "negative declaration” from DEC that no environmental impact…

2Cases cited5 opinions

  1. Margolies v. Encounter, Inc.New York Court of Appeals · 1977
  2. Schenectady Chemicals, Inc. v. FlackeAppellate Division of the Supreme Court of the State of New York · 1981
  3. Honeywell, Inc. v. Technical Building Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Price v. Erie County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1979
  5. Schenectady Chemicals, Inc. v. FlackeNew York Supreme Court · 1980

3Cited by3 opinions

  1. J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
  2. 2339 Empire Management, LLC v. 2329 Nostrand Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Schenectady Chemicals, Inc. v. FlackeAppellate Division of the Supreme Court of the State of New York · 1988

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