Legal Opinion

State v. Sour Mountain Realty, Inc.

New York Supreme Court

Decided March 30, 1999PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Judith A. Hillery, J.

Plaintiffs State of New York and John P. Cahill, as Commissioner of the New York State Department of Environmental Conservation (DEC), contend that Sour Mountain Realty, Inc. (hereinafter Sour Mountain) is violating ECL 11-0535 et seq. by disturbing, harrying, and/or worrying timber rattlesnakes, Crotalus horridus, a species listed by the New York State Department of Environmental Conservation as “threatened.” Plaintiffs commence this enforcement action against Sour Mountain to obtain a permanent injunction barring Sour Mountain from constructing a…

2Cases cited9 opinions

  1. Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
  2. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  3. Doe v. AxelrodNew York Court of Appeals · 1988
  4. Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
  5. J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986

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3Cited by1 opinion

  1. State v. Sour Mountain Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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