Industrial Refuse Systems, Inc. v. O'Rourke
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Matthew F. Coppola, J.
In these actions, which the court has previously joined for purposes of trial, the defendants move to dismiss the complaints. The plaintiffs cross-move for preanswer summary judgment.
In 1981, Westchester County resolved to establish a refuse disposal district pursuant to County Law article 5-A. In 1982, this proposal was approved by the electorate. Thereafter, the State Comptroller issued his authorization and an order establishing the district was duly recorded in 1982.
In 1985 the County Legislature authorized the county to enter into a disposal…
2Cases cited17 opinions
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- Mills v. County of MonroeNew York Court of Appeals · 1983
- Young Men's Christian Ass'n v. Rochester Pure Waters DistrictNew York Court of Appeals · 1975
- City of Rochester v. . GutberlettNew York Court of Appeals · 1914
- Brooklyn City Railroad v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
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3Cited by6 opinions
- USA Recycling, Inc. v. Town of BabylonCourt of Appeals for the Second Circuit · 1995
- USA Recycling, Inc. Friendly Carting, Inc. Joseph Carione Angelo Carione Jean I. Carione Louis Carione and Carl R. Fucci v. Town of Babylon Town of Babylon, New York, Commercial Garbage District No. 2 Town Board of the Town of Babylon Richard H. Schaffer, Supervisor Francine v. Brown, Councilwoman Patrick Haugen, Councilman Robert Kaufold, Councilman Anthony Tafuri, Councilman and Babylon Source Separation Commercial, Inc., A.A. & M. Carting Service, Inc. Farmingdale Carting Service, Inc. Natale Pepe Waste Corp. Pgs Carting Co., Inc. Joseph S. Celano Marianne Celano Jc Industries, Inc. C.B.S. Rubbish Co., Inc. Farmingdale Industrial Park Association Minersfuel Company, Inc. Resource Conservation Corp. v. Town of Babylon, New York, Commercial Garbage District No. 2, Also Known as Commercial Waste Collecting and Recycling District Town Board of the Town of Babylon Richard H. Schaffer Babylon Source Separation Commercial, Inc.Court of Appeals for the Second Circuit · 1995
- Pelliccio v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1987
- Pelliccio v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1987
- Sysco Corp. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1996
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