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COUNTY AGGREGATES, INC. v. STATE

26 A.D.2d 844 (1966)

County Aggregates, Inc., Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claims Nos. 38794, 39247 and 39634.)

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

October 20, 1966

GIBSON, P. J.

The tract was barren and for many years had been used sporadically for sand and gravel excavation. Although a part was zoned light industrial and a part residential, all of it had the benefit of a nonconforming use for the excavation of sand and gravel and, in fact, had never been put to any other use; and there was no proof that any other use was ever contemplated or was under consideration at...

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