Mandamus relief isn't available to compel government to take enforcement action against the landfill's owner and operator, the Fourth Department said.
July 29, 2024 at 04:06 PM
5 minute read
Litigation Reporter
A midlevel appeals court has dismissed the New York government and all other defendants from a first-impression lawsuit alleging hundreds of residents in the Finger Lakes region are aggrieved by horrific odors from a nearby landfill.
The case, decided Friday, is the first of nine present lawsuits throughout New York under the Green Amendment, a constitutional amendment that took effect in January 2022 aimed at affording New Yorkers a right to clean air, water and a healthful environment.
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The Appellate Division, Fourth Department, M. Dolores Denman courthouse in Rochester. Courtesy photo
