MATTER OF BYER v. TOWN OF POESTENKILL


232 A.D.2d 851 (1996)

648 N.Y.S.2d 768

In the Matter of Stanley Byer et al., Respondents, v. Town of Poestenkill, Appellant, and Paul R. Plante, Respondent

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

October 24, 1996


Carpinello, J.

At issue in this case is the validity of Local Laws, 1994, No. 2 of the Town of Poestenkill (hereinafter Local Law No. 2) passed by the Town Board in July 1994. Local Law No. 2 permits property owners to apply to rezone up to 10 acres in a residential zone to a natural products (hereinafter NP) designation for the purpose of mining gravel. Local Law No. 2 was enacted less than a year after the Town Board adopted Local Laws, 1993, No. 1...

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