MATTER OF WASHINGTON COUNTY CEASE, INC. v. Persico
Cases that cite this one
13 later published cases cite this decision.
- Anschutz Exploration Corp. v. Town of Dryden (New York Supreme Court 2012)
- Dagvadorj v. DeFleur (Appellate Division of the Supreme Court of New York 2010)
- Heritage Hills Sewage Works Corp. v. Town Board of Somers (Appellate Division of the Supreme Court of New York 1997)
- County of Westchester v. New York State Division of Human Rights (Appellate Division of the Supreme Court of New York 1993)
- Beer Garden, Inc. v. New York State Liquor Authority (N.Y. 1992)
- Friedman v. Adirondack Park Agency (Appellate Division of the Supreme Court of New York 1991)
- Bayside Bowling & Recreation Center, Inc. v. New York State Liquor Authority (Appellate Division of the Supreme Court of New York 1991)
- Vinci v. Corbisiero (Appellate Division of the Supreme Court of New York 1991)
- Love v. Port Authority (Appellate Division of the Supreme Court of New York 1990)
- Grant v. Senkowski (Appellate Division of the Supreme Court of New York 1989)
- Buffalo Sewer Authority v. New York State Department of Environmental Conservation (Appellate Division of the Supreme Court of New York 1989)
- Adika v. Corbisiero (Appellate Division of the Supreme Court of New York 1989)
- People v. Macellaro (Appellate Division of the Supreme Court of New York 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In the Matter of Washington County Cease, Inc., et al., Respondents,
v.
Richard A. Persico et al., Constituting the Industrial Hazardous Waste Facility Siting Board, et al., Appellants.
Court of Appeals of the State of New York.
Robert Abrams, Attorney-General (Francis J. Keehan, Peter H. Schiff and James A. Sevinsky of counsel), for appellants.
Joseph M. Walsh for respondents.
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
*924MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs. For the reasons stated by the Appellate Division and Special Term regarding the statutory waiver of sovereign immunity under ECL article 27, title 11, the certificate of environmental safety and public necessity was improperly granted because the proposed hazardous waste facility would violate a local zoning ordinance. In view of this determination, it is unnecessary for us to pass on the failure of the Department of Environmental Conservation to publish regulations in a timely manner or the refusal of its designee to recuse himself from his position on the Facility Siting Board.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.