Legal Opinion
State v. Town of Huntington
New York Supreme Court
Decided March 19, 1971PublishedCited by 5 opinions
1Opinion of the CourtFrank P. De Luca, J.
Defendant, Town of Huntington, moves to dismiss the complaint on the grounds that it fails to state a cause of action. In particular, defendant urges dismissal because it contends that plaintiff has failed to exhaust its administrative remedies and that the Attorney-General lacks authority to bring this lawsuit.
In its complaint, the State of New York seeks to restrain the town from operating its municipal incinerators and refuse disposal sites in such a manner as to cause the emission of soot, flyash and noxious odors. The answer, besides denying the material allegations of the complaint,…
2Cases cited2 opinions
- New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
- Majestic Loose Leaf, Inc. v. CannizzaroNew York Supreme Court · 1957
3Cited by5 opinions
- O'HARE v. Valley Utilities, Inc.New Mexico Court of Appeals · 1976
- People v. Long Island RailroadAppellate Terms of the Supreme Court of New York · 1976
- State v. Ole Olsen, Ltd.New York Supreme Court · 1973
- State v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1971
- O'HARE v. Valley Utilities, Inc.New Mexico Court of Appeals · 1976