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TROY SAND & GRAVEL CO., INC. v. TOWN OF NASSAU

514187.

101 A.D.3d 1505 (2012)

957 N.Y.S.2d 444

2012 NY Slip Op 9113

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.

December 27, 2012.

Spain, J.

In December 2003, plaintiff Troy Sand & Gravel Company, Inc. (hereinafter plaintiff) applied to the Department of Environmental Conservation (hereinafter DEC) for a mining permit to construct a quarry in the Town of Nassau, Rensselaer County on land owned by plaintiff Henkel Realty Associates, LLC. In February 2004, plaintiff also submitted applications to the Town for a special use permit and site plan approval for the quarry, applications which are...

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