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AL TURI LANDFILL, INC. v. TOWN OF GOSHEN

No. 81 CIV. 4010 (CBM).

556 F.Supp. 231 (1982)

AL TURI LANDFILL, INC., Plaintiff, v. TOWN OF GOSHEN and Barbara Regino, as Supervisor of the Town Board of the Town of Goshen, and John Matta, Donald Gray, Augustine DeRosa and Forster D. Greenhill, as Members of the Town Board of the Town of Goshen, Defendants.

United States District Court, S.D. New York.

February 1, 1982.

Attorney(s) appearing for the Case

Keane & Beane, P.C. by Edward Beane, White Plains, N.Y., for plaintiff.

Cline, MacVean, Lewis & Sherwin, P.C. by Peter G. Striphas, Goshen, N.Y., for defendants.

OPINION

MOTLEY, Chief Judge.

This is an action for declaratory and injunctive relief brought by plaintiff, Al Turi Landfill, Inc. (Al Turi) against the Town of Goshen (Town) and its Town Board. Al Turi is challenging certain provisions of an ordinance recently passed by defendants, Local Law 3 of 1981 (the Ordinance). In effect, the Ordinance: 1) limits the amount of land within the Town which can ever be used for solid waste disposal to 300 acres (Section...

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