Legal Opinion

Palmer v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1987PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: The 1981 construction and operating permits issued by the Department of Environmental Conservation (DEC) clearly and unambiguously authorized the use of the entire 50.93 acres constituting the landfill, including the 12 acres in issue, in two stages, according to the engineer’s drawings and report, and subject to certain conditions.

Special Term properly upheld DEC’s determination that the 1985 renewal application did not constitute a modification within the contemplation of 6 NYCRR 360.3 (c) (1) (ii); thus, a new construction permit was…

2Cases cited6 opinions

  1. Edmead v. McGuireNew York Court of Appeals · 1986
  2. Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
  3. Warder v. Board of RegentsNew York Court of Appeals · 1981
  4. Salmon v. FlackeNew York Court of Appeals · 1984
  5. Salmon v. FlackeAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by6 opinions

  1. Westage Development Group, Inc. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1989
  2. Sierra Club, Inc. v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  3. Town of Red Hook v. Dutchess County Resource Recovery AgencyNew York Supreme Court · 1990
  4. Villella v. Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1988
  5. Ferrer v. AppletonAppellate Division of the Supreme Court of the State of New York · 1993

1 more not listed; retrieve them via the Exa API.

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