Attorney Doug Zamelis, representing Waterloo Container, town of Waterloo property owner Dixie Lemmon, and Concerned Citizens of Seneca County, has filed a notice of appeal against the judgment overturning the townโs Local Law 3-2016.
The notice follows a June 9 decision by state Supreme Court Judge Dan Doyle to invalidate the law. Zamelis intends to assert that the Town Board correctly adhered to the State Environmental Quality Review process when implementing Local Law 3-2016, a key issue in Doyleโs decision.
Local Law 3-2016 mandated that Seneca Meadows Inc. (SMI) must close its Route 414 landfill by December 31, 2025. However, the Texas-based Waste Connections-owned SMI sued the town and other parties, alleging that the board failed to thoroughly consider the environmental impacts as dictated by SEQR.
Notably, the town did not defend the local law in court and does not intend to contest Doyleโs ruling.
The appeal is set to be heard by the Fourth Judicial Department Appellate Division in Rochester, composed of a five-judge panel. Zamelis, who has a six-month window to file the appeal formally, anticipates initiating the process much sooner.
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