PREBLE AGGREGATE, INC. v. TOWN OF PREBLE


247 A.D.2d 697 (1998)

668 N.Y.S.2d 751

Preble Aggregate, Inc., Appellant, v. Town of Preble, Respondent

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

February 5, 1998


Spain, J.

The facts in this matter are not in dispute. On July 11, 1988 the Town Board of the Town of Preble in Tompkins County passed, by a unanimous vote, a new zoning law. This new zoning law (Local Laws, 1988, No. 1 of Town of Preble § 26A) (hereinafter Local Law No. 1) prohibited all mining in a newly designated area of the Town which was set forth in the proposed legislation as "Zone A". Just prior to adopting Local Law No. 1, the Town Board...

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