Legal Opinion
Matter of Bri-Mar Corp. v. Town Bd. of the Town of Knox
New York Court of Appeals
Decided September 12, 1989PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, the article 78 proceeding dismissed and judgment granted in favor of the Town Board of the Town of Knox declaring section 10 of the Sanitary Code of the Town of Knox valid.
The Legislature has clearly provided that "Local laws, ordinances or regulations which comply with at least the minimum applicable standards set forth in the sanitary code shall be deemed not inconsistent with such code” (Public Health Law § 228 [3]). Thus, Town of Knox Sanitary Code § 10, which provides more stringent…
2Cases cited2 opinions
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- Monroe-Livingston Sanitary Landfill, Inc. v. Town of CaledoniaNew York Court of Appeals · 1980
3Cited by6 opinions
- Greenbaum v. HandelsbankenDistrict Court, S.D. New York · 1999
- Bracker v. CohenAppellate Division of the Supreme Court of the State of New York · 1994
- Bethpage Water District v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
- Breezy Point Cooperative, Inc. v. City of New York Department of HealthAppellate Division of the Supreme Court of the State of New York · 1999
- Opn. No., New York Attorney General Reports1996
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