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MATTER OF JAMES H. MALOY, INC. v. TOWN BD. OF THE TOWN OF GUILDERLAND

82 A.D.2d 1003 (1981)

In the Matter of James H. Maloy, Inc., Respondent, v. Town Board of the Town of Guilderland et al., Appellants

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

June 25, 1981

Petitioner owns and operates a mobile rock crusher in the Town of Guilderland. On May 30, 1980 the town's zoning enforcement officer, who is also the superintendent of buildings, issued an "order to remedy a violation" against petitioner charging it with violating section 6 (subd G, par 4) of the Town of Guilderland Zoning Ordinance (Local Laws, 1971, No. 1 of Town of Guilderland). The applicable provision prohibits the use of rock crushers in the town. Petitioner commenced...

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