Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Defendants, Manitou Sand & Gravel Co., Inc., and Walter F. Przybycien, individually and as president of Manitou Sand & Gravel Co., Inc. (collectively Manitou), conduct a mining operation on several parcels of their property in the Town of Ogden. Plaintiff, Town of Ogden (Ogden), commenced this action against Manitou alleging...
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