Ton-Da-Lay, Ltd. v. Diamond

This is a proceeding pursuant to article 78 of the CPLR (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Essex .County) to review a determination of the Commissioner of Environmental Conservation which rejected petitioner’s applications for the approval of planned water supply and sewer treatment systems to serve a projected second home Adirondack community.

Petitioner, Ton-Da-Lay, Ltd., is the owner of an unimproved tract of land exceeding 18,000 acres in Franklin County. Located in the heart…