MANITOU SAND & GRAVEL CO., INC. v. TOWN OF OGDEN


81 A.D.2d 1019 (1981)

Manitou Sand & Gravel Co., Inc., Respondent, v. Town of Ogden et al., Appellants

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

May 27, 1981


Judgment unanimously affirmed, with costs.

Memorandum:

In 1979 petitioner Manitou Sand and Gravel Co., Inc., successfully challenged certain conditions contained in an excavation permit issued to it by respondent Town of Ogden which prohibited excavation of bedrock and excavation below an elevation of 595 feet above sea level. The town did not appeal that determination. A similar permit issued in 1980 prohibited excavcation below 600 feet above sea level....

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