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  5. 73 N.Y.2d 773 (1988)
 

PEOPLE v. GENESEE LIME PRODS., INC.

73 N.Y.2d 773 (1988)

The People of the State of New York, Respondent, v. Genesee Lime Products, Inc., Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1988.

Attorney(s) appearing for the Case

Thomas G. Collins for appellant.

Howard R. Relin, District Attorney (Robert Mastrocola and Alan Cruikshank of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion in which Judges SIMONS and HANCOCK, JR., concur.

MEMORANDUM.

The order of County Court should be affirmed.

In 1962, defendant purchased land to mine lime for agricultural purposes, and to that end it obtained an excavation permit from the Town of Wheatland. The town ordinance provided that no excavation was to be made to "a depth which, after the expiration of the permit, cannot be leveled to provide adequate drainage over contiguous land and not allow a pool of...

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