MATTER OF COBLESKILL STONE PRODS., INC. v. TOWN OF SCHOHARIE

513863.

95 A.D.3d 1636 (2012)

945 N.Y.S.2d 793

2012 NY Slip Op 4263

In the Matter of COBLESKILL STONE PRODUCTS, INC., Respondent, v. TOWN OF SCHOHARIE et al., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 31, 2012.


PETERS, P.J.

Petitioner owns a quarry on land north of Rickard Hill Road in the Town of Schoharie, Schoharie County that has been in operation since the 1890s. While mining in the area required a special use permit under the zoning ordinance adopted by the Town in 1975, as a prior nonconforming use, the quarry did not require approval. Expansion of the quarry onto new property, however, required approval, and petitioner obtained permission to do so in the 1990s, relocating...

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