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WHIBCO, INC. v. ROUND LAKE

149 Misc.2d 415 (1991)

In the Matter of Whibco, Inc., Petitioner, v. Village of Round Lake et al., Respondents.

Supreme Court, Saratoga County.

January 3, 1991

Attorney(s) appearing for the Case

Lombardi, Devorsetz, Stinziano & Smith (William J. Gilberti, Jr., of counsel), for petitioner. William R. Miller, Jr., for respondents.

LOREN N. BROWN, J.

The petitioner prays for a judgment annulling Local Laws, 1990, No. 1 as enacted by the Village of Round Lake by its Board of Trustees.

The petitioner is the owner and operator of a sand and gravel mining business located in the Village of Round Lake. The local law which it challenges provides that in any district of the town "no sod, loam, sand, gravel or stone shall be removed or...

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