JONES v. TOWN OF CARROLL

No. 107.

15 N.Y.3d 139 (2010)

931 N.E.2d 535

905 N.Y.S.2d 551

DONALD J. JONES et al., Appellants, v. TOWN OF CARROLL et al., Respondents.

Court of Appeals of New York.

Decided June 17, 2010.


Attorney(s) appearing for the Case

Cohen & Lombardo, P.C., Buffalo ( Anthony M. Nosek of counsel), for appellants.

Erickson Webb Scolton & Hajdu, Lakewood ( Paul V. Webb, Jr. , of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH and JONES concur; Judge PIGOTT taking no part.


OPINION OF THE COURT

GRAFFEO, J.

Applying our decisions in Matter of Syracuse Aggregate Corp. v Weise (51 N.Y.2d 278 [1980]), Buffalo Crushed Stone, Inc. v Town of Cheektowaga (13 N.Y.3d 88 [2009], rearg denied 13 N.Y.3d 808 [2009]) and Glacial Aggregates LLC v Town of Yorkshire...

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