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MATTER OF TAYLOR TREE, INC. v. PLANNING BOARD OF THE TOWN OF MONTGOMERY

272 A.D.2d 336 (2000)

707 N.Y.S.2d 193

In the Matter of TAYLOR TREE, INC., Appellant, v. PLANNING BOARD OF THE TOWN OF MONTGOMERY, Respondent.

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

Decided May 1, 2000.

Ordered that the judgment is affirmed, with costs.

Although the petitioner's operation was a preexisting, nonconforming use, predating the 1996 enactment by the Town of Montgomery of its Composting and Recycling Law (Local Laws, 1996, No. 1 of Town of Montgomery), the respondent nevertheless had the authority to impose conditions on the petitioner's hours of operation as an exercise of its police powers (see, Town of...

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