The only issue on this appeal is whether the evidence in the record is sufficient to establish as a matter of law that more than 1,000 tons of bluestone were mined in any 12 consecutive months during the period from August 1982, when defendant Joseph Pavalone began mining bluestone on property then owned by defendant Edna Lockwood (hereinafter defendant), until Pavalone's mining operation ceased near the end of 1985. If the 1,000-ton threshold...
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