Legal Opinion
Modern Landfill, Inc. v. Town of Lewiston
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1992PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Callahan, J. P.
Plaintiff Modern Landfill, Inc. (Modern) owns and operates a sanitary landfill within the Town of Lewiston (Town). The landfill opened in 1983 after the New York State Department of Environmental Conservation (DEC) and the Town issued permits. The DEC permit in part authorized a side-slope ratio of 1 to 4 resulting in a maximum height of 37 feet for the landfill. The Town permit incorporated by reference the terms of the DEC permit. When the DEC permit expired in March 1986, a renewal permit was issued which provided for substantial increases in height,…
2Cases cited7 opinions
- Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
- Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
- Andgar Associates, Inc. v. Board of ZonIng AppealsAppellate Division of the Supreme Court of the State of New York · 1968
- Johnson v. . H.R.R.R. Co.New York Court of Appeals · 1872
- Nassau Shores Civic Ass'n v. ColbyAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by1 opinion
- Headriver v. Town Board of RiverheadAppellate Division of the Supreme Court of the State of New York · 2003