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MATTER OF SCHADOW v. WILSON

191 A.D.2d 53 (1993)

In the Matter of Alfred Schadow, Doing Business as Schadow Excavation, Respondent, v. Harold Wilson et al., Constituting The Town of Ballston Zoning Board of Appeals, Appellants

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

July 1, 1993

Attorney(s) appearing for the Case

David W. Little, Burnt Hills, for appellants.

Desmond & Holsberger, Scotia (John L. Desmond of counsel), for respondent.

MIKOLL, J. P., LEVINE and HARVEY, JJ., concur with CASEY, J.; MAHONEY, J., dissents in a separate opinion.

CASEY, J.

Pursuant to the Town of Ballston Zoning Law, soil mining is designated as a permissible use and may be allowed by special use permit granted by respondents. To be entitled to a special use permit, the applicant must meet the four standards or guidelines set forth in Town of Ballston Zoning Law § 26.3. Petitioner, as lessee of certain property located on Goode Street in the Town of Ballston, Saratoga...

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