MAYVILLE – A New York State Supreme Court Justice has ruled in favor of the county landfill’s expansion effort in the town of Ellery.
Chautauqua County Executive Vince Horrigan says Hon. Frank A. Sedita III ruled in favor of the county in a lawsuit that was brought forward by the Town of Ellery in an effort to halt the 53 acre landfill expansion.
County officials said the expansion was necessary to ensure the county could sustain landfill services for another 20 to 30 years, which would help to keep waste disposal costs low for residents and businesses. The town of Ellery fought the expansion with a lawsuit filed earlier this year against both the New York State Department of Environmental Conservation and Chautauqua County, in an effort to invalidate the permitting and SEQR filed for the project. As part of the lawsuit, the town claimed the expansion would create an environmental hardship for residents. Prior to the lawsuit, the town also wanted to have increased hosting fees from the county, but was unable to come to a new rate agreement.
In order to fight the landfill expansion, the town of Ellery claimed the state DEC didn’t follow the proper procedure when reviewing the environmental impact of the expansion.
With the court decision being handed down – and baring an appeal from the town of Ellery – the land fill expansion can now move forward as planned.