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MATTER OF DALRYMPLE GRAVEL AND CONTRACTING CO. v. TOWN OF ERWIN

305 A.D.2d 1036 (2003)

758 N.Y.S.2d 755

In the Matter of DALRYMPLE GRAVEL AND CONTRACTING CO. et al., Respondents, v. TOWN OF ERWIN et al., Appellants.

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

Decided May 2, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding challenging the enactment of Local Law No. 1 of 2001, which prohibits new mining activities in respondent Town of Erwin (Town). Respondents appeal from a judgment invalidating the local law at issue based on respondents' failure to comply with Town Law § 264. We affirm,...

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