Legal Opinion

MVM Construction, LLC v. Westchester County Solid Waste Commission

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 2013Published

1Opinion of the Court

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Westchester County Solid Waste Commission dated June 7, 2011, made after a hearing, that the petitioner/plaintiff violated chapter 826-a of the Laws of Westchester County by conducting class C waste removal activities without obtaining a license from the Westchester County Solid Waste Commission, and thereupon imposed a fine in the sum of $15,000, and action for a judgment declaring, among other things, that article 27 of the Environmental Conservation Law preempts the County of Westchester from…

2Cases cited7 opinions

  1. Staver Co. v. SkrobischAppellate Division of the Supreme Court of the State of New York · 1988
  2. 24 Franklin Avenue R.E. Corp. v. HeashipAppellate Division of the Supreme Court of the State of New York · 2010
  3. Kar-McVeigh, LLC v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2012
  4. State Farm Mutual Automobile Insurance v. AnikeyevaAppellate Division of the Supreme Court of the State of New York · 2011
  5. Huntington Hills Associates, LLC v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2008

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