Town of Stillwater v. Doughty
| Decision Date | 29 October 1969 |
| Citation | 25 N.Y.2d 986,305 N.Y.S.2d 504 |
| Parties | , 253 N.E.2d 218 TOWN OF STILLWATER, Respondent, v. Elting DOUGHTY et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Action by town to enjoin landowner and another from dumping wastes originating outside town upon any lands within town.
The Supreme Court, Saratoga County, Michael E. Sweeney, J., granted town's motion for summary judgment and appeal was taken on constitutional grounds.
In the Court of Appeals defendants argued that ordinance prohibiting the dumping of wastes originating outside town upon any lands in the town was unconstitutional.
Carola & McKane, Mechanicville, for defendants-appellants.
Robert H. Hayner, Mechanicville, for plaintiff-respondent.
Judgment affirmed, with costs, on the authority of Wiggins v. Town of Somers, 4 N.Y.2d 215, 173 N.Y.S.2d 579, 149 N.E.2d 869.
All concur.
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Town of Plattekill v. Dutchess Sanitation, Inc.
...of better refuse treatment practices and after dumps had attained a more sophisticated title of landfill (Town of Stillwater v. Doughty, 25 N.Y.2d 986, 305 N.Y.S.2d 504, 253 N.E.2d 218). Nor is the Town required to defer enactment until it is faced with a serious nuisance or health problem ......
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...also, Town of Plattekill v. Dutchess Sanitation, Inc., 43 N.Y.2d 662, 400 N.Y.S.2d 816, 371 N.E.2d 534; Town of Stillwater v. Doughty, 25 N.Y.2d 986, 305 N.Y.S.2d 504, 253 N.E.2d 218). Plaintiff also urges that the ordinance does not apply to it because the State has pre-empted local contro......
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...750, affirmed, with costs (see Wiggins v. Town of Somers, 4 N.Y.2d 215, 173 N.Y.S.2d 579, 149 N.E.2d 869; Town of Stillwater v. Doughty, 25 N.Y.2d 986, 305 N.Y.S.2d 504, 253 N.E.2d 218). All ...
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