Legal Opinion
Argyle Farm and Properties, LLC v. Watershed Agricultural Council of the New York City Watersheds, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2016No. 520406PublishedCited by 4 opinions
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (Becker, J.), entered October 15, 2014 in Delaware County, which granted defendants’ motions to dismiss the complaint.
In 2002, plaintiff purchased a 475-acre farm in the Town of Andes, Delaware County at auction for $860,000. The property lies within the Pepacton Basin of the New York City watershed and is subject to the Surface Water Treatment Rule (see 40 CFR 141.70-141.75). Although the cited rule requires defendant City of New York to maintain adequate control over land use activities occurring within its watershed, the City is precluded — except…
2Cases cited4 opinions
- Friends of Shawangunks, Inc. v. KnowltonNew York Court of Appeals · 1985
- Stonegate Family Holdings, Inc. v. Revolutionary Trails, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Schulz v. CuomoAppellate Division of the Supreme Court of the State of New York · 2015
- Ferran v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by4 opinions
- Accredited Aides Plus, Inc. v. Program Risk Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Ellison v. StanfordAppellate Division of the Supreme Court of the State of New York · 2017
- Alloway v. Bowlmor Amf Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Hahn v. HagarAppellate Division of the Supreme Court of the State of New York · 2017