The Fourth Department Appellate Division Court in Rochester ruled Friday that Seneca Meadows Landfill in Seneca Falls cannot reargue a Feb. 3 ruling that halted the landfill’s Meadow View Mine clay mining project in the town off North and Burgess roads. That court also denied Seneca Meadows’ request to appeal the ruling to the state’s highest court.
“Motion for reargument or leave to appeal to the Court of Appeals denied,” the simple ruling stated.
It was made by Appellate Court Justices John Centra, Stephen Lindley, Patrick NeMoyer, John Curran and Shirley Troutman.
Friday’s ruling was in favor of adjoining property owner Dixie Lemmon and Concerned Citizens of Seneca County (CCSC). They sought to void the zoning permit issued by town of Waterloo Code Enforcement Officer James Cleere and supported by the town’s Zoning Board of Appeals.
Cleere and the ZBA said it was the only way to give the landfill access to the mine area.