Manitou Sand & Gravel Co. v. Town of Ogden

Judgment unanimously modified and, as modified, affirmed, without costs, and matter remitted to Special Term, Monroe County, for further proceedings in accordance with the following memorandum: This court previously affirmed a determination of Special Term which, in a CPLR article 78 proceeding, annulled certain conditions contained in an excavation permit issued by the Town of Ogden to petitioner {Manitou Sand & Gravel Co. v Town of Ogden, 81 AD2d 1019). Our affirmance was grounded solely upon principles of collateral estoppel. On appeal to the Court of Appeals, that court, on summary…