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SYRACUSE CORP. v. WEISE

72 A.D.2d 254 (1980)

In the Matter of Syracuse Aggregate Corporation, Appellant, v. Paul Weise et al., Constituting The Town of Camillus Board of Zoning Appeals, Respondents

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

January 24, 1980

Attorney(s) appearing for the Case

Lombardi, Devorsetz, Stinziano & Smith (Sidney Devorsetz, of counsel), for appellant.

Welch, Welch & Carr (Bradley J. Carr of counsel), for respondents.

CARDAMONE, J. P., HANCOCK, JR., CALLAHAN and MOULE, JJ., concur.

SCHNEPP, J.

The central issue on this appeal is whether a nonconforming pre-existing use of property for the excavation of sand, gravel and related materials extends to the entire parcel of land or is limited to the area under excavation at the time a municipality adopted a zoning ordinance prohibiting the expansion of nonconforming uses.

The property in question is a 25-acre parcel of land in the Town...

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