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JULIANO v. MONTGOMERY-OTSEGO-SCHOHARIE SOLID WASTE MANAGEMENT AUTH.

No. 96-CV-1615.

983 F.Supp. 319 (1997)

Albert JULIANO and Judene Juliano, Plaintiffs, v. MONTGOMERY-OTSEGO-SCHOHARIE SOLID WASTE MANAGEMENT AUTHORITY, Montgomery County, Otsego County, and Schoharie County, Defendants.

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

November 3, 1997.

Attorney(s) appearing for the Case

Law Office of Rodney Salvati (Rodney Salvati, of counsel), Mount Kisco, NY, for Plaintiffs.

Grossman Kinney Dwyer & Harrigan (James Dwyer, of counsel), East Syracuse, NY, for defendant Montgomery-Otsego-Schoharie Solid Waste Management Authority.

Otsego County Attorney (James Konstanty, of counsel), Cooperstown, NY, for defendants Montgomery County, Otsego County, and Schoharie County.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

This is essentially a takings case. Plaintiffs Albert and Judene Juliano own 166 acres in the Town of Charleston, Montgomery County, New York. Although Plaintiffs reside elsewhere, they purchased the 166 acres in 1987 with the stated intent of operating a shooting and hunting club.

Defendant Montgomery-Otsego-Schoharie Solid Waste Management Authority ("MOSA") is a New York...

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