It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the second decretal paragraph and as modified the judgment is affirmed without costs.
Memorandum: In June 1984 plaintiff Donald J. Jones (Jones) and his wife, plaintiff Carol L. Jones, purchased a gravel mine located on a 50-acre parcel of land in defendant Town of Carroll and mined the property until all the gravel was extracted. The 50-acre...
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