Glacial Aggregates LLC v. Town of Yorkshire

Appeal from a judgment of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered August 27, 2007 in a declaratoiy judgment action. The judgment, upon a jury verdict, declared, inter alia, that the mining of sand and gravel aggregate was a lawful nonconforming use on certain property of plaintiff and awarded money damages to plaintiff. The judgment was reversed by order of this Court entered December 31, *16452008 in a memorandum decision (57 AD3d 1362 [2008]), and plaintiff appealed to the Court of Appeals from the order of this Court, and the Court of Appeals on February…