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MATTER OF MERSON v. McNALLY

227 A.D.2d 487 (1996)

643 N.Y.S.2d 129

In the Matter of Lawrence Merson et al., Appellants, v. Donald F. McNally et al., Respondents, and Philipstown Industrial Park, Inc., Intervenor-Respondent

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

May 13, 1996

Ordered that the judgment is reversed, on the law, with one bill of costs payable by the respondents and intervenor-respondent, the petition is granted, and the determination of the Planning Board of the Town of Philipstown, dated May 20, 1993, is annulled.

In 1987, the intervenor, Philipstown Industrial Park, Inc., acquired an 80-acre tract of land in the Town of Philipstown. Prior to that, surface mining activity had been...

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