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Gary D. Peake Excavating Inc. v. Town Bd. of Hancock

ELR Citation: ELR 21620
Nos. 95-9280, 93 F.3d 68/(2d Cir., 08/22/1996)

The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication....

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