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Appellate court dismisses case against Rensselaer landfill

Oct 26, 2021 1:45 pm

Rick Karlin reports in the Times Union that an appellate division panel on Oct. 21 dismissed a lawsuit filed by a neighbor of the S.A. Dunn landfill in Rensselaer, saying the plaintiff couldn’t claim individual harm from the landfill’s odors while also contending it was a public nuisance. “Plaintiffs may not maintain a private action for a public nuisance,” the ruling against Brenda Davies read. “A public nuisance is actionable by a private person only if it is shown that the person suffered special injury beyond that suffered by the community at large." But the landfall is facing other efforts to shut it down. The Rensselaer City Council in June passed a resolution for the closure of the landfill that is next to a school. Earlier this month the Rensselaer County Legislature passed a resolution asking Gov. Kathy Hochul to revoke the landfill’s operating permit, which currently runs through next summer. Read more about this story in the Times Union.

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