Legal Opinion

Monroe-Livingston Sanitary Landfill, Inc. v. Town of Caledonia

New York Court of Appeals

Decided December 22, 1980PublishedCited by 63 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

The plaintiff owns and operates a 190-acre State licensed sanitary landfill in the Town of Caledonia, Livingston County. While the plaintiff was negotiating a contract with Monroe County to handle all of that county’s refuse, the Town of Caledonia enacted its Sanitary Landfill Ordinance of July 17,1976. Subdivision C of section 7 of that ordinance provides: “Refuse generated outside of the Town of Caledonia, New York, will not be accepted at facilities licensed by the Town of Caledonia unless authorized by the Town Board *683and consistent with the regional…

2Cases cited5 opinions

  1. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  2. United States v. Rock Royal Co-Operative, Inc.Supreme Court of the United States · 1939
  3. People v. CookNew York Court of Appeals · 1974
  4. Wholesale Laundry Board of Trade, Inc. v. City of New YorkNew York Court of Appeals · 1963
  5. Dutchess Sanitation Service, Inc. v. Town of PlattekillNew York Court of Appeals · 1980

3Cited by63 opinions

  1. Boreali v. AxelrodNew York Court of Appeals · 1987
  2. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
  3. New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
  4. Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
  5. Ad + Soil, Inc. v. County CommissionersCourt of Appeals of Maryland · 1986

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