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MATTER OF TROY SAND & GRAVEL COMPANY, INC. v. TOWN OF NASSAU

509107.

82 A.D.3d 1377 (2011)

918 N.Y.S.2d 667

In the Matter of TROY SAND & GRAVEL COMPANY, INC., et al., Respondents, v. TOWN OF NASSAU et al., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 10, 2011.

MERCURE, J.P.

In 2004, petitioner Troy Sand & Gravel Company, Inc. submitted applications to respondent Town of Nassau for a special use permit and site plan approval in connection with a quarry that it proposed to open on land owned by petitioner Henkel Realty Associates, LLC in Rensselaer County. After passing successive moratoria on new mining applications, respondent Town Board of the Town of Nassau passed an extensive 2008 zoning law that, among other things...

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