Moran v. Village of Philmont, 1
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | WEISS |
| Citation | 147 A.D.2d 230,542 N.Y.S.2d 873 |
| Parties | Louis MORAN, Appellant, v. VILLAGE OF PHILMONT et al., Respondents. (Action) VILLAGE OF PHILMONT, Respondent, v. Louis MORAN, Appellant, et al., Defendant. (Action) |
| Docket Number | No. 2,No. 1,1,2 |
| Decision Date | 22 June 1989 |
Page 873
v.
VILLAGE OF PHILMONT et al., Respondents.
(Action No. 1.)
VILLAGE OF PHILMONT, Respondent,
v.
Louis MORAN, Appellant, et al., Defendant.
(Action No. 2.)
Third Department.
Page 874
[147 A.D.2d 232] Reisch, Simoni, Bythewood & Gleason (David A. Bythewood, of counsel), Garden City, for appellant.
Connor, Curran & Schram (John G. Connor, Jr., of counsel), Hudson, for respondents.
Before MAHONEY, P.J., and WEISS, MIKOLL, YESAWICH and LEVINE, JJ.
WEISS, Justice.
In July 1988, the Board of Trustees of the Village of Philmont, Columbia County (hereinafter Board), enacted Local Laws, 1988, No. 2 (hereinafter Local Law No. 2) prohibiting the operation of private landfills within the municipal limits of the Village. Our primary inquiry is whether Supreme Court properly upheld the constitutionality of this ordinance and enjoined Louis Moran from dumping or permitting others to dump debris on property he owns within the Village. A brief history is in order.
Moran's 12-acre parcel of land is divided by a ravine comprising approximately eight acres. * In September 1987, Moran advised the Board of his plan to reclaim the ravine by filling same with construction and demolition debris. The Board acknowledged that there was no prohibition against such an operation. On April 19, 1988, Moran commenced the project, authorizing New York Demolition Company, Inc. to deposit construction and demolition debris in the ravine. Moran ostensibly gave advance notice to the Department of Environmental Conservation and received a temporary exemption (see, 6 NYCRR 360.1[f][1][x]. Following the enactment of Local Law No. 2, the Village served a notice of violation on Moran in August 1988. In the interim, Moran commenced an action against the Village seeking, insofar as here pertinent, to declare Local Law No. 2 constitutionally invalid (action No. 1). After joinder of issue, Moran moved for partial summary judgment to invalidate the ordinance due to the Village's failure to comply with the State Environmental Quality Review[147 A.D.2d 233] Act (hereinafter SEQRA). The Village cross-moved for summary judgment seeking to
Page 875
have the ordinance declared valid. Additionally, the Village commenced a second action to permanently enjoin Moran from violating the ordinance (action No. 2). Supreme Court granted the Village's cross motion for summary judgment and enjoined Moran from any further dumping operations. When the dumping persisted, the Village successfully obtained an order of contempt against Moran, who was directed to pay a $250 fine and $500 in expenses, and to further remove 1,750 tons of debris from the site. Moran has appealed both orders.Initially, we disagree with Supreme Court's assessment that Moran lacked standing to question the Village's compliance with SEQRA. Although we agree that Moran merely demonstrated economic and not environmental harm, SEQRA speaks to both consequences (see, ECL 8-0109[1]; cf., Matter of New York State Bldrs. Assn. v. State of New York, 98 Misc.2d 1045, 1049, 414 N.Y.S.2d 956; Weinberg, Practice Commentaries, McKinney's Cons.Laws of N.Y., Book 17 1/2, ECL 8-0109, at 79). Since Moran clearly has standing to challenge the subject ordinance, that authority includes a full review of the procedures underlying its enactment. Nonetheless, we perceive no error in the Village's issuance of a negative declaration. An environmental impact statement is only required...
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Jones v. Town of Carroll, 856 CA 14-00282
...651 ; see Town Bd. of Town of Southampton v. 1320 Entertainment, 236 A.D.2d 387, 388, 653 N.Y.S.2d 364 ; Moran v. Village of Philmont, 147 A.D.2d 230, 233–235, 542 N.Y.S.2d 873, appeal dismissed 74 N.Y.2d 943, 550 N.Y.S.2d 275, 549 N.E.2d 477 ; Dutchess Sanitation, 56 A.D.2d at 152, 391 N.Y......
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Carol L. Jones, Jones, Carol L. Jones & Jones-Carroll, Inc. v. Town of Carroll & Town Bd. of Town of Carroll
...651; see Town Bd. of Town of Southampton v. 1320 Entertainment, 236 A.D.2d 387, 388, 653 N.Y.S.2d 364; Moran v. Village of Philmont, 147 A.D.2d 230, 233–235, 542 N.Y.S.2d 873, appeal dismissed 74 N.Y.2d 943, 550 N.Y.S.2d 275, 549 N.E.2d 477; Dutchess Sanitation, 56 A.D.2d at 152, 391 N.Y.S.......
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Town of Islip v. Zalak
...society, it can hardly be doubted that municipalities may regulate the disposal of refuse materials" (Moran v. Village of Philmont, 147 A.D.2d 230, 234, 542 N.Y.S.2d The Supreme Court invalidated certain sections of the Islip Town Code on the basis that these sections were inconsistent with......
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New York Coalition of Recycling Enterprises, Inc. v. City of New York
...and waste collection and Page 656 disposal have long been subject to regulation under the police powers ( Moran v. Village of Philmont, 147 A.D.2d 230, 542 N.Y.S.2d 873, appl. dsmd. 74 N.Y.2d 943, 550 N.Y.S.2d 275, 549 N.E.2d 477). Legislation satisfies the requirement of substantive due pr......
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Jones v. Town of Carroll, 856 CA 14-00282
...651 ; see Town Bd. of Town of Southampton v. 1320 Entertainment, 236 A.D.2d 387, 388, 653 N.Y.S.2d 364 ; Moran v. Village of Philmont, 147 A.D.2d 230, 233–235, 542 N.Y.S.2d 873, appeal dismissed 74 N.Y.2d 943, 550 N.Y.S.2d 275, 549 N.E.2d 477 ; Dutchess Sanitation, 56 A.D.2d at 152, 391 N.Y......
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Town of Islip v. Zalak
...society, it can hardly be doubted that municipalities may regulate the disposal of refuse materials" (Moran v. Village of Philmont, 147 A.D.2d 230, 234, 542 N.Y.S.2d The Supreme Court invalidated certain sections of the Islip Town Code on the basis that these sections were inconsistent with......
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Carol L. Jones, Jones, Carol L. Jones & Jones-Carroll, Inc. v. Town of Carroll & Town Bd. of Town of Carroll
...651; see Town Bd. of Town of Southampton v. 1320 Entertainment, 236 A.D.2d 387, 388, 653 N.Y.S.2d 364; Moran v. Village of Philmont, 147 A.D.2d 230, 233–235, 542 N.Y.S.2d 873, appeal dismissed 74 N.Y.2d 943, 550 N.Y.S.2d 275, 549 N.E.2d 477; Dutchess Sanitation, 56 A.D.2d at 152, 391 N.Y.S.......
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New York Coalition of Recycling Enterprises, Inc. v. City of New York
...and waste collection and Page 656 disposal have long been subject to regulation under the police powers ( Moran v. Village of Philmont, 147 A.D.2d 230, 542 N.Y.S.2d 873, appl. dsmd. 74 N.Y.2d 943, 550 N.Y.S.2d 275, 549 N.E.2d 477). Legislation satisfies the requirement of substantive due pr......