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MATTER OF HARDEN v. TOWN OF MOUNT HOPE

240 A.D.2d 493 (1997)

658 N.Y.S.2d 422

In the Matter of Theodore A. Harden et al., Appellants, v. Town of Mount Hope et al., Respondents

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

June 9, 1997

Ordered that the judgment is modified, on the law, by deleting the provisions thereof dismissing the first and second causes of action and substituting therefor provisions (1) declaring that neither Town of Mount Hope Ordinance No. 1-1978 nor Vehicle and Traffic Law § 1660 (a) prevent the respondent Sam Sweetman from hauling materials from his property located on Shoddy Hollow Road, and (2) declaring that the permits issued by the New York State Department of Environmental...

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