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O'BRIEN v. TOWN OF FENTON

236 A.D.2d 693 (1997)

653 N.Y.S.2d 204

John L. O'Brien, Sr., Appellant, v. Town of Fenton, Respondent

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

February 6, 1997

Yesawich Jr., J.

Plaintiff owns land in the Town of Fenton, Broome County, which, since the early 1970s, has been used as a sand and gravel mine pursuant to a permit issued by the Department of Environmental Conservation (hereinafter DEC). Until 1989, mining was a permissible use of the land, which was within an "agricultural-residential" (hereinafter A/R) zone. By Local Law, 1989, No. 7 of the Town of Fenton, effective September 6, 1989 (hereinafter...

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