08
CORBALLY, GARTLAND AND RAPPLEYEA
~S lUtb afOU1Utthtts at Jatu
CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E.RAPPLEYEA
DANIEL F. CURTIN *
FRED W. SCHAEFFER
JON HOLDEN ADAM S
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN *
BARDAVON BUILDING
3S MARKET STREET
FLORIDA OFFICE:
50 SOUTH BELCHER ROAD
BUILDING E. SUITE 122
CLEARWATER, FLORIDA 33515
813-461-3144
POUGHKEEPSIE, NEW YORK 12601
914-454-1110
BRANCH OFFICE:
BANK OF MILLBROOK BUILDING
FRANKLIN AVE.
MILLBROOK, NEW YORK 12545
914-677-5539
MILTON M. HAVEN
JOSEPH F. HAWKINS
COUNSEL
March 11, 1981
*MEMBER N. Y. ANO FLORIDA BAR
Town Board
Town of Wappinger
Wappinger Falls, New York 12590
RECEIVED
MAR: 1 2,1981.
ELAINE H. SNOWDEN
Re: Garbage or Dumping Ordinance
Dear Members of the Town Board:
Recent decisions of the New York State Court of Appeals
have indicated that a local law or ordinance which prohibits
the dumping of garbage within a town which has been brought from
outside the town is unconstitutional as violative of the interstate
commerce clause of the United States Constitution (Dutchess
Sanitation vs. Plattekill 51 NY 2d 670). However, that same court
has also upheld a clause which only prohibited bringing garbage
into the town from other sources within New York State as such
clause does not violate the interstate commerce clause if the
garbage is not moved in interstate commerce (Monroe-Livingston
Sanitary Landfill vs. Town of Caledonia).
It is our recommendation that your ordinance be revised
to address these circumstances. We will prepare the necessary
corrective language which will follow shortly.
Very trul;y.'Y'ours,
CORBPJ"rl.Y,
/
(/.
GARTLAND & RAPPLEYEA
/-./~---
"
JHA/lh
Cc 1'1(3)
Jon r' Adams
3> ~ , 3 -'(.1