Town of Plattekill v. Dutchess Sanitation, Inc.
| Court | New York Supreme Court — Appellate Division |
| Writing for the Court | Before GREENBLOTT; MAIN; GREENBLOTT; LARKIN |
| Citation | 391 N.Y.S.2d 750,56 A.D.2d 150 |
| Decision Date | 24 February 1977 |
| Parties | TOWN OF PLATTEKILL, by its Supervisor, Dominick Ferrante, Appellant, v. DUTCHESS SANITATION, INC., Respondent. |
Page 750
v.
DUTCHESS SANITATION, INC., Respondent.
Page 752
Greenblatt & Forrester, P.C., Newburgh (Michael H. Forrester, Newburgh, of counsel), for appellant.
Mangold & Mahar, Poughkeepsie (Jennifer L. Van Tuyl, Poughkeepsie, of Pagones & Cross, P.C., Beacon, of counsel), for respondent.
Before GREENBLOTT, J.P., and SWEENEY, MAIN, LARKIN and HERLIHY, JJ.
MAIN, Justice.
On September 8, 1962 the Town Board of the Town of Plattekill duly adopted an ordinance for the purpose of regulating the dumping of garbage, rubbish and waste and, in pertinent part, the ordinance prohibits the dumping of such substance, originating from outside the Town, within the Town. The defendant, Dutchess Sanitation, Inc., is engaged in the business of collecting and disposing of waste and garbage and has purchased a 74-acre tract, previously operated as a disposal area, upon which it intended to dump the collected substance. Defendant has purchased another tract of 279 acres and is negotiating for the purchase of a third parcel of 150 acres, both of which it contemplates using in connection with its disposal business. The three parcels are all located within the plaintiff Town's boundaries. Admittedly, until temporarily restrained, the defendant was dumping garbage and other waste, collected from outside the plaintiff Town's boundaries, upon the 74-acre parcel.
The plaintiff commenced this action seeking to permanently enjoin the defendant corporation from violating the ordinance and, after issue was joined, moved for summary judgment. Special Term denied the motion. Plaintiff contends that enactment of the ordinance was a proper exercise of its home rule powers in that such action was to protect the health and safety of its citizens and, accordingly, was in all respects reasonable and, therefore, constitutional. The defendant, of course, contends otherwise, asserting that a trial is necessary to determine whether or not the ordinance is reasonable and it further contends that the selective enforcement practice of the plaintiff renders the ordinance unconstitutional as applied to it. It also contends that it is entitled to rely on prior non-conforming use at least as to the 74-acre parcel.
Garbage is a deleterious substance (City of Rochester v. Gutberlett, 211 N.Y. 309, 318, 105 N.E. 548, 550)....
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Jones v. Town of Carroll, 856 CA 14-00282
...Goldblatt v. Town of Hempstead, N.Y., 369 U.S. 590, 595–597, 82 S.Ct. 987, 8 L.Ed.2d 130 ; Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 152, 391 N.Y.S.2d 750, affd. 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2d 534 ; cf. Matter of Serota Brown Ct. II, LLC v. Town of Hempstead, 62......
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Carol L. Jones, Jones, Carol L. Jones & Jones-Carroll, Inc. v. Town of Carroll & Town Bd. of Town of Carroll
...see Goldblatt v. Town of Hempstead, N.Y., 369 U.S. 590, 595–597, 82 S.Ct. 987, 8 L.Ed.2d 130; Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 152, 391 N.Y.S.2d 750, affd. 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2d 534; cf. Matter of Serota Brown Ct. II, LLC v. Town of Hempstead, ......
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Town of Islip v. Zalak
...215, 173 N.Y.S.2d 579, 149 N.E.2d 869; Town of Plattekill v. Dutchess Sanitation, 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2d 534, affg. 56 A.D.2d 150, 391 N.Y.S.2d 750). "In today's society, it can hardly be doubted that municipalities may regulate the disposal of refuse materials&quo......
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Dutchess Sanitation Service, Inc. v. Town of Plattekill
...In the 1976 litigation Dutchess' challenge to the ordinance's constitutionality was overruled (Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 391 N.Y.S.2d 750, affd. 43 N.Y.2d 662, 400 N.Y.S.2d However, when, some three years later, the United States Supreme Court, in Philadelphi......
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Jones v. Town of Carroll, 856 CA 14-00282
...Goldblatt v. Town of Hempstead, N.Y., 369 U.S. 590, 595–597, 82 S.Ct. 987, 8 L.Ed.2d 130 ; Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 152, 391 N.Y.S.2d 750, affd. 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2d 534 ; cf. Matter of Serota Brown Ct. II, LLC v. Town of Hempstead, 62......
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Carol L. Jones, Jones, Carol L. Jones & Jones-Carroll, Inc. v. Town of Carroll & Town Bd. of Town of Carroll
...see Goldblatt v. Town of Hempstead, N.Y., 369 U.S. 590, 595–597, 82 S.Ct. 987, 8 L.Ed.2d 130; Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 152, 391 N.Y.S.2d 750, affd. 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2d 534; cf. Matter of Serota Brown Ct. II, LLC v. Town of Hempstead, ......
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Town of Islip v. Zalak
...215, 173 N.Y.S.2d 579, 149 N.E.2d 869; Town of Plattekill v. Dutchess Sanitation, 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2d 534, affg. 56 A.D.2d 150, 391 N.Y.S.2d 750). "In today's society, it can hardly be doubted that municipalities may regulate the disposal of refuse materials&quo......
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Dutchess Sanitation Service, Inc. v. Town of Plattekill
...In the 1976 litigation Dutchess' challenge to the ordinance's constitutionality was overruled (Town of Plattekill v. Dutchess Sanitation, 56 A.D.2d 150, 391 N.Y.S.2d 750, affd. 43 N.Y.2d 662, 400 N.Y.S.2d However, when, some three years later, the United States Supreme Court, in Philadelphi......