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Law banning landfills is overturned

Published:November 13, 2009, 6:46 AM

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Updated: August 21, 2010, 3:03 AM

LITTLE VALLEY — A Town of Farmersville law banning landfills was vacated Thursday by acting State Supreme Court Justice Larry M. Himelein.

The Farmersville Town Board adopted the law in June, repealing any and all laws passed over the years regarding landfill development in the town.

For nearly 20 years, Cattaraugus County, the town and citizens groups have fought landfill development on the 423- acre site along Route 98 in Farmersville.

The county foreclosed on the site last year because of unpaid taxes from the previous owner, Integrated Waste Systems, headed by William L. Heitzenrater of Niagara Falls.

On Oct. 31, the county sold most of the 423-acre site at a public auction, retaining 80 acres in the center, and Heitzenrater met minimum bids for five of the parcels.

The county has taken no action to accept or reject the bids. The county also incorporated restrictions in the deeds that the parcels may not be used for landfill purposes, mining or drilling for oil or gas.

In response to the court decision, Heitzenrater said he challenged the town’s compliance with environmental and open meeting law provisions, and Himelein reacted by annulling the town law.

“We now hope the town will comply with its contractual obligations to permit this landfill,” Heitzenrater said.

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