SOUTH COUNTY SAND & GRAVEL CO. v. TOWN OF SOUTH KINGSTOWN

No. 98-1530.

160 F.3d 834 (1998)

SOUTH COUNTY SAND & GRAVEL CO., INC., Plaintiff, Appellant, v. TOWN OF SOUTH KINGSTOWN, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 23, 1998.


Attorney(s) appearing for the Case

Herbert F. DeSimone, Jr., with whom DeSimone & Leach was on brief, for appellant.

Kathleen M. Powers, with whom Marc DeSisto and DeSisto Law Offices were on brief, for appellees.

Before SELYA, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.


SELYA, Circuit Judge.

For many years — the memory of man runneth not to the contrary — earth removal operators in South Kingstown, Rhode Island (the Town) were able freely to mine their properties. That privilege was tempered in 1996, when the Town Council amended its zoning ordinance. The amendments here at issue, codified as Article 4, § 411 and Article 14, § 1404 of the Town's zoning ordinance (collectively, the Amended Ordinance), prohibit...

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