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PREBLE AGGREGATE, INC. v. TOWN OF PREBLE

263 A.D.2d 849 (1999)

694 N.Y.S.2d 788

PREBLE AGGREGATE, INC., Appellant, v. TOWN OF PREBLE, Respondent.

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

Decided July 22, 1999.

Spain, J.

In December 1986, plaintiff filed a mining permit application with the Department of Environmental Conservation (hereinafter DEC) to mine approximately 25 acres—some of it below the watertable—in defendant, the Town of Preble in Cortland County.* In 1987, plaintiff sought a special use permit from the Town for this project. At that time, the Town had in effect an ordinance (hereinafter section 27) which prohibited...

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