Town of Candor v. Flacke

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Tioga County) to review a determination of the Department of Environmental Conservation which authorized the issuance of a permit to an applicant to construct and operate a sanitary landfill. Respondent William Frandsen applied to the Department of Environmental Conservation (DEC) on May 9,1979, for authorization to construct and operate a solid waste management facility (i.e., a landfill) on a site in the Town of Candor, Tioga County. Pursuant to ECL 8-0109 (subd 4)…