Legal Opinion

Town of Esopus v. State

New York Court of Claims

Decided May 30, 1995No. Claim No. 88266PublishedCited by 1 opinion

1Opinion of the Court

*37OPINION OF THE COURT

Louis C. Benza, J.

Beginning in 1968, the Town of Esopus (the Town) leased approximately 34.8 acres of land and began using the property as its municipal landfill. In 1978 the landfill was licensed by the Department of Environmental Conservation (DEC), and the license was renewed for a five-year period in 1981. The 1981 DEC permit required, among other things, that operation of the landfill comply with the applicable rules and regulations (6 NYCRR).

In 1985, about a year and a half prior to expiration of the DEC license, the Town appropriated the property and continued to…

2Cases cited4 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Moran v. Village of PhilmontAppellate Division of the Supreme Court of the State of New York · 1989
  3. Gordon v. Town of EsopusAppellate Division of the Supreme Court of the State of New York · 1990
  4. Smith v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by1 opinion

  1. Orchard Grove of Dutchess, Inc. v. StateCivil Court of the City of New York · 2003

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