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Legal Opinion

Opn. No.

New York Attorney General Reports

Decided August 20, 1976Published

1Opinion of the Court

COUNTY LAW, § 226-b

Applicability of land use restrictions to a county solid waste disposal system.

Operation of a solid waste disposal system by a county is a governmental function. Town land use restrictions, if any, should be considered by the county in determination of the location thereof but any such restrictions are not binding upon the county. HON. MYRON C. DASCOMB County Attorney, Steuben County

We acknowledge receipt from Assistant County Attorney Kuhl of a letter stating that your county proposes to provide for the collection and disposition of solid wastes in the county pursuant to…

2Cases cited4 opinions

  1. Nehrbas v. Incorporated Village of Lloyd HarborNew York Court of Appeals · 1957
  2. Village of Larchmont v. Town of MamaroneckNew York Court of Appeals · 1924
  3. City of Rochester v. Town of RushNew York Supreme Court · 1971
  4. County of Tompkins v. PowersNew York Supreme Court · 1964

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