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GLACIAL AGGREGATES v. TOWN

No. 26

14 N.Y.3d 127 (2010)

924 N.E.2d 785

897 N.Y.S.2d 677

GLACIAL AGGREGATES LLC, Appellant, v. TOWN OF YORKSHIRE, Respondent.

Court of Appeals of New York.

Decided February 18, 2010.

Attorney(s) appearing for the Case

Magavern Magavern Grimm LLP, Niagara Falls ( Edward P. Perlman and James L. Magavern of counsel), and Hopkins & Sorgi, PLLC, Williamsville ( Peter J. Sorgi of counsel), for appellant.

David J. Seeger , East Aurora, Anthony DiFilippo III and Richard Lam for respondent.

Gilberti Stinziano Heintz & Smith, P.C., Syracuse ( Kevin G. Roe, Adam J. Schultz and Michael A. Fogel of counsel), for New York Construction Materials Association, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

Glacial Aggregates LLC (Glacial or the company) was formed in 1996 to conduct sand and gravel mining after John M. Clarey, one of its principals, learned that the Buffalo area needed additional sources of sand and aggregates. At the time, Clarey had 20 years of experience in oil and gas drilling in Western New York.

Glacial scouted out potential mining sites along Route 16 in Cattaraugus County, where receding glaciers...

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