Legal Opinion

Envirogas, Inc. v. Town of Kiantone

New York Supreme Court

Decided February 1, 1982PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Samuel L. Green, J.

In this CPLR article 78 proceeding, petitioner Envirogas, Inc., seeks a determination that subdivision (q) of section 4 of the zoning ordinance of respondent Town of Kiantone (Town) is null and void. The ordinance provides that no oil or gas well shall be constructed in the Town without prior payment of a $2,500 compliance bond and a $25 permit fee.

Petitioner engages in the business of developing and producing oil and gas. The Town issued an appearance ticket and a warrant of arrest which required petitioner to appear on December 14, 1981 before…

2Cases cited4 opinions

  1. People v. De JesusNew York Court of Appeals · 1981
  2. Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972
  3. Monroe-Livingston Sanitary Landfill, Inc. v. Town of CaledoniaNew York Court of Appeals · 1980
  4. Envirogas, Inc. v. Town of WestfieldAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by3 opinions

  1. Northeast Mines, Inc. v. State of New York Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1985
  2. Envirogas, Inc. v. Town of KiantoneAppellate Division of the Supreme Court of the State of New York · 1982
  3. Anschutz Exploration Corp. v. Town of DrydenNew York Supreme Court · 2012

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