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MTR. OF SPEARS v. BERLE

63 A.D.2d 372 (1978)

In the Matter of Harry O. Spears et al., Petitioners, v. Peter A. A. Berle, as Commissioner of Environmental Conservation, et al., Respondents

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

July 20, 1978

Attorney(s) appearing for the Case

David E. Goldman for petitioners.

Louis J. Lefkowitz, Attorney-General (Julius Feinstein, Stanley Fishman and Ruth Kessler Toch of counsel), for respondents.

KANE, STALEY, JR., and LARKIN, JJ., concur with MAHONEY, P. J.; MIKOLL, J., concurs in part and dissents in part in a separate opinion.

MAHONEY, P. J.

Petitioners own two family businesses in Port Jervis, New York, which manufacture and sell sand, stone, gravel, humus, cement, asphalt, cinder blocks, cement blocks, redi-mix concrete and allied masonry products. Petitioners purchased two properties which they leased to these businesses for the purpose of obtaining raw materials. One property, the "Culver" property, is a 50-acre parcel containing...

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