1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 13 N.Y.3d
  5. 13 N.Y.3d 88 (2009)
 

BUFFALO STONE v. CHEEKTOWAGA

13 N.Y.3d 88 (2009)

BUFFALO CRUSHED STONE, INC., Appellant, v. TOWN OF CHEEKTOWAGA, Respondent.

Court of Appeals of New York.

Decided June 30, 2009.

Attorney(s) appearing for the Case

Harter Secrest & Emery LLP, Buffalo (John G. Horn of counsel), for appellant.

David J. Seeger, Buffalo, and Alison L. Odojewski for respondent.

Gilberti Stinziano Heintz & Smith, PC., Syracuse (Adam J. Schultz, Kevin G. Roe and Patricia S. Naughton of counsel), for New York State Construction Materials Association, Inc., amicus curiae.

Judges READ, SMITH, PIGOTT and JONES concur with Judge CIPARICK; Chief Judge LIPPMAN dissents in part in a separate opinion in which Judge GRAFFEO concurs.

OPINION OF THE COURT

CIPARICK, J.

In this zoning case, the issue is whether Buffalo Crushed Stone, Inc. (BCS) established a prior nonconforming use to quarry certain subparcels of its 280-acre property, thereby relieving it from the Town of Cheektowaga's zoning ordinances. Applying the analysis set forth in Matter of Syracuse Aggregate Corp. v Weise (51 N.Y.2d 278, 284-287 [1980]), we hold that the long and exclusive...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases