The Town of Carroll has been fighting against the expansion of the Jones-Carroll Landfill for years. In 1989, the landfill was opened as a construction and demolition landfill. In 1996, the owners of the Jones-Carroll Landfill were granted a permit for further expansion of the landfill from 2 acres to 3 acres. When the town heard that Sealand Waste of Rush, NY was planning to purchase the landfill and expand it to encompass the entire 49.5 acre property, residents began active opposition.
When the town discovered that Sealand Waste intended to turn the 50 acres of land into a non-putrescible landfill and accept asbestos, oil-contaminated soil, and medical wastes, the opposition became more vocal. The town board unanimously passed an amendment to the town’s zoning laws eliminating landfills from operating by special-use permit and allowing no further expansion of landfills.
Jones-Carroll’s attorneys then commenced an Article 78 appeal to the Supreme Court. The Court ruled in favor of the landfill which resulted in an appeal of the Article 78 decision by the town’s attorney. After five years of town board meetings and active opposition, the Appellate Division ruled against the Supreme Court’s decision and declared the local law reasonable and rational.