Legal Opinion

Niagara Recycling, Inc. v. Town of Niagara

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

Decided November 13, 1981PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J.

Plaintiffs appeal from an order denying their motion for a preliminary injunction (CPLR 6301) in a declaratory judgment action in which they attack the constitutionality of Local Law No. 8 adopted by the Niagara Town Board on November 25, 1980 entitled “Solid Waste Management Facility, Incineration, Recycling, and Landfills Law of the Town of Niagara”. Defendant town cross-appeals from the denial of its motion for a preliminary injunction to compel compliance with Local Law No. 8 and from the court’s dismissal pursuant to CPLR 3211 (subd [a], par 4) of its…

2Cases cited33 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  3. Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981
  4. West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
  5. City of Philadelphia v. New JerseySupreme Court of the United States · 1978

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3Cited by33 opinions

  1. Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
  2. Kaufman v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Niagara Recycling, Inc. v. Town Board of NiagaraAppellate Division of the Supreme Court of the State of New York · 1981
  4. Franza v. OlinAppellate Division of the Supreme Court of the State of New York · 2010
  5. Town of Islip v. ZalakAppellate Division of the Supreme Court of the State of New York · 1991

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