Court Dismisses Claim by Property Owner Against Municipality

Court dismisses claim by property owner against municipality that sent waste to a landfill

A Fulton County judge granted our motion to dismiss plaintiff’s lawsuit against the Village of Northville.  Plaintiff was the current owner of property located in the Village.  The property had previously been used as a landfill. 

Plaintiff was notified by the New York State Department of Environmental Conservation (“NYSDEC”) that the property was leaking hazardous waste.  Plaintiff sued the Village, claiming the Village may have sent hazardous material to the landfill decades earlier and should therefore contribute to the cleanup costs.  The Court found that plaintiff’s complaint failed to allege sufficient facts and granted our motion to dismiss the lawsuit against the Village in its entirety.  The decision is on appeal. (link to a copy of the judge’s decision)