Monroe-Livingston Sanitary Landfill, Inc. v. Bickford

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In this CPLR article 78 proceeding respondent Town Board of the Town of Caledonia appeals and petitioner Monroe-Livingston Sanitary Landfill cross-appeals from an order at Special Term directing a hearing before that court on matters connected with respondent’s denial of petitioner’s application for a permit to operate a landfill under a town ordinance. We reject respondent’s argument that it was error to direct the hearing. The issue of fact to be tried at the hearing shall be…