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SYRACUSE AGGREGATE v. WEISE

51 N.Y.2d 278 (1980)

In the Matter of Syracuse Aggregate Corporation, Respondent, v. Paul Weise et al., as Members of and Constituting the Town of Camillus Board of Zoning Appeals, Appellants.

Court of Appeals of the State of New York.

Decided November 18, 1980.

Attorney(s) appearing for the Case

Bradley J. Carr for appellants.

Sidney Devorsetz for respondent.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur with Judge JASEN; Chief Judge COOKE dissents and votes to reverse in a separate opinion in which Judge GABRIELLI concurs.

JASEN, J.

At issue on this appeal is whether a prior nonconforming use involving the extraction of sand, gravel and related materials from a parcel of land extends to the entire parcel or is limited to that portion of the parcel actually excavated at the time the municipality adopted a zoning ordinance prohibiting the expansion of the nonconforming use.

In this article 78 proceeding, petitioner seeks...

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