Opn. No.

Hon. Richard I. Cantor Corporation Counsel City of Poughkeepsie

This is in response to your letter requesting an opinion whether the City of Poughkeepsie, in the event it should determine to locate and operate a solid waste disposal facility (also referred to here as a "refuse disposal area") outside its boundaries, must comply with zoning ordinances of the host municipality regulating or prohibiting solid waste disposal facilities.

The basic principles, enunciated in Nehrbas v Inc. Vil. of Lloyd Harbor,2 N.Y.2d 190 (1957), are that a municipality has a duty to assure the collection and…