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MATTER OF EDDY v. NIEFER

297 A.D.2d 410 (2002)

745 N.Y.S.2d 631

In the Matter of ALFRED EDDY et al., Respondents, v. JAMES NIEFER et al., Constituting the Town of Ithaca Zoning Board of Appeals, Appellants.

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

Decided August 1, 2002.

Mercure, J.

Petitioners are the owners of a 93-acre parcel of real property in the Town of Ithaca, Tompkins County. Substantially all of petitioners' property is devoted to agriculture, but petitioners wish to operate a sand and gravel mine on 4.8 acres of the property and thereafter reclaim that land for agricultural purposes as well. Pursuant to the Town Zoning Ordinance, mining operations are permitted in the town upon the issuance of a special use permit by the...

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