Hubbard v. Town of Sand Lake

Proceeding initiated in this Court pursuant to EDPL 207 to review a determination of respondent which condemned a portion of petitioner’s land upon which respondent’s landfill is located.

Respondent leased from petitioner’s predecessor-in-interest certain real property located on Chamberlain Hill Road in the Town of Sand Lake, Rensselaer County, for use as a sanitary landfill. The lease was to expire on June 30, 1994. In April 1993, the State Department of Environmental Conservation ordered the closure of the landfill and directed respondent to monitor and maintain the property for 30 years.…