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T.S. HAULERS, INC. v. KAPLAN

295 A.D.2d 595 (2002)

744 N.Y.S.2d 193

T.S. HAULERS, INC., Appellant, v. EVE KAPLAN et al., Respondents.

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

Decided June 24, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 1995 the plaintiff purchased approximately 50 acres of property in the Town of Riverhead on which it operates a sand mine. This is not a permitted use under the Town's zoning code, but requires a special permit from the Town Board. The use of the property as a mine has been the subject of several proceedings and legal actions, and the source of bitter debate in the Town. In February 2001 in...

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