You are here: / / Solid Waste Facility Operating Agreement Not a Lease—No Permissive Referendum R...
,

Solid Waste Facility Operating Agreement Not a Lease—No Permissive Referendum Required

The Third Department determined that a Solid Waste Facility Operating Agreement between the Town of Colonie and Capital Region Landfills, Inc (CRL) was not a lease, and therefore a permissive referendum was not a pre-requisite to the agreement.  The Third Department wrote:

Town  Law  § 64 (2) provides that, upon adopting a resolution, a town board may “convey or lease real property in the name  of the town, which resolution shall be subject to a permissive referendum.” The petition and amended petition  allege  that, as  the  agreement  is “the  functional equivalent of a lease,” the Town violated Town Law § 64 (2) by adopting  the resolution and  entering into the agreement  without first conducting  a  permissive referendum … . * * *

In view of the significant restrictions on CRL’s authority and control of the landfill and the rights and powers retained by the Town, the agreement does not convey “absolute control and possession” to CRL and is not a lease as a matter of law….

Accordingly, petitioners’ claim  that a  permissive referendum was required by Town Law § 64 (2) is without merit. Matter of Connors v Town of Colonie, 516058, 3rd Dept 7-3-13

 

You might also like
THE ABANDONMENT PETITION SHOULD NOT HAVE BEEN GRANTED; PETITIONER DID NOT DEMONSTRATE RESPONDENT FATHER INTENDED TO FOREGO HIS PARENTAL RIGHTS AND, IN FACT, PETITIONER AFFIRMATIVELY INTERFERED WITH FATHER’S ATTEMPTS TO MAINTAIN CONTACT WITH THE CHILDREN (THIRD DEPT). ​
Father Not Denied Due Process by Absence from Portion of Neglect Proceeding
NON-SECURE JUVENILE DETENTION FACILITY DID NOT OWE A DUTY OF CARE TO PLAINTIFF WHO WAS STRUCK BY A CAR DRIVEN BY A FORMER RESIDENT OF THE FACILITY.
THE TRIAL PROOF COULD BE INTERPRETED TO SUPPORT AN INTENT TO CAUSE SERIOUS PHYSICAL INJURY (ASSAULT SECOND) OR AN INTENT TO CAUSE PHYSICAL INJURY (ASSAULT THIRD); DEFENDANT’S REQUEST THAT THE JURY BE INSTRUCTED ON ASSAULT THIRD AS A LESSER INCLUDED OFFENSE SHOULD HAVE BEEN GRANTED; NEW TRIAL ORDERED ON THAT COUNT (THIRD DEPT).
Defendant Who Pled to All Charges Without a Plea Bargain Could Not Be Required to Waive Appeal
ITHACA’S FEE SCHEDULE FOR PERMITS ALLOWING THE CLOSURE OF STREETS AND SIDEWALKS FOR CONSTRUCTION ON PRIVATE PROPERTY IS VALID, SUPREME COURT REVERSED (THIRD DEPT).
THE RECORD DOES NOT SUPPORT THE WORKERS’ COMPENSATION BOARD’S CONCLUSION THAT CLAIMAINT IS NOT ENTITLED TO PERMANENT-TOTAL-DISABILITY STATUS BASED UPON EXTREME FINANCIAL HARDSHIP; MATTER REMITTED (THIRD DEPT).
14-YEAR-OLD PLAINTIFF ASSUMED THE RISK OF COLLIDING WITH RETRACTED BLEACHERS DURING A BASKETBALL PRACTICE DRILL IN WHICH BOUNDARY LINES WERE TO BE IGNORED; THE DISSENT DISAGREED (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Arbitrator Exceeded Powers Afforded by Collective Bargaining Agreement Re: Time... Judge’s Mistrial Order Precluded Retrial—Double Jeopardy