ELLERY – The Town of Ellery is moving forward with challenging a State Supreme Court Decision involving the Chautauqua County Landfill.
The Jamestown Post-Journal is reporting today that Ellery Town officials have agreed to file for an appeal of the recent Supreme Court Decision, when Justice Frank A. Sedita ruled in favor of the 53-acre expansion, which county officials want to move forward with in order to extend the life of the landfill – which located within the town- for another 20-30 years.
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.
If the town moves forward to appeal, County Executive Vince Horrigan said the project will progress in accordance with the judge’s decision.
If the town files for an appeal, it would then be able to request a court injunction to halt the expansion work while the appeal is being considered