# Washington County Cease, Inc. v. Persico

> New York Court of Appeals · March 19, 1985 · 64 N.Y.2d 923

URL: https://www.frixlaw.com/law-library/cases/5536954

## Case

- **Full name:** In the Matter of Washington County Cease, Inc. v. Richard A. Persico, Constituting the Industrial Hazardous Waste Facility Siting Board
- **Court:** New York Court of Appeals
- **Decided:** March 19, 1985
- **Citations:** 64 N.Y.2d 923; 488 N.Y.S.2d 630; 477 N.E.2d 1084; 1985 N.Y. LEXIS 16253
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5536954

## Opinion text

OPINION OF THE COURT
Memorandum.
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.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.
Order affirmed, with costs, in a memorandum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5536954. Public record. Not legal advice.