Pete Drown, Inc. v. Town Board
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from a judgment of the Supreme Court (Ryan, Jr., J.), entered April 14, 1995 in Clinton County, which dismissed petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, inter alia, challenge a certain zoning ordinance enacted by respondent.
In 1988, petitioner Elvin F. Drown, president of petitioner Pete Drown, Inc. (hereinafter PDI), decided to construct a medical waste incineration facility in the Town of Ellenburg, Clinton County. The Town had no zoning ordinance at that time. After initial plans to locate the incinerator…
2Cases cited9 opinions
- People v. MillerNew York Court of Appeals · 1952
- Ellington Construction Corp. v. Zoning Board of Appeals of Inc. Village of New HempsteadNew York Court of Appeals · 1990
- Putnam Armonk, Inc. v. Town of SoutheastAppellate Division of the Supreme Court of the State of New York · 1976
- Matter of Gershowitz v. Planning Bd. of the Town of BrookhavenNew York Court of Appeals · 1980
- Village of Savona v. SolesAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by13 opinions
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- DLC Management Corp. v. Town of Hyde ParkCourt of Appeals for the Second Circuit · 1998
- Dlc Management Corp. v. Town Of Hyde ParkCourt of Appeals for the Second Circuit · 1998
- In Re Albion Disposal, Inc.District Court, W.D. New York · 1997
- Preble Aggregate, Inc. v. Town of PrebleAppellate Division of the Supreme Court of the State of New York · 1999
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