FLETCHER GRAVEL v. JORLING


179 A.D.2d 286 (1992)

In the Matter of Fletcher Gravel Company, Inc., Respondent, v. Thomas C. Jorling, as Commissioner of The Department of Environmental Conservation, et al., Appellants

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

April 24, 1992


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael Moore of counsel), for appellants.

Devorsetz, Stinziano, Gilberti & Smith (Rosemary Stack of counsel), for respondent.

DENMAN, P. J., BALIO, BOEHM and FALLON, JJ., concur.


GREEN, J.

Petitioner operates a quarry on approximately 150 acres of land in Onondaga County. A quarry has existed on the site since the 1920's. Petitioner first leased land for quarry purposes in the 1950's and purchased the land in 1961. The operation of the quarry predated local zoning ordinances, and the quarry has been operating as a preexisting, nonconforming use since 1965.

In 1975, the Legislature...

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