Petitioner brings this declaratory judgment and CPLR article 78 petition challenging respondents' limitation of the hours of use of their gravel pit, thereby conflicting with the hours of operation contemplated by the permit issued pursuant to ECL 23-2703. Respondents' defense of the Statute of Limitations is dismissed for the reasons set forth in petitioner's letter-reply. Petitioner's cause of action which alleges respondents' determination...
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