The issue herein presented is whether ECL 23-2703 (subd 2) preempts local municipalities from legislating and regulating the excavation mining industry.
Petitioner herein is in the business of mining sand and gravel located in the Town of Smithtown (Town). The Town filed an ex parte request with respondent, requesting a formal declaratory ruling as to whether their Town ordinance (art 30, par 3-C) entitled "Town Regrading and...
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