Legal Opinion

Buffalo Crushed Stone, Inc. v. Town of Cheektowaga

Appellate Division of the Supreme Court of the State of New York

Decided October 3, 2008PublishedCited by 2 opinions

1Opinion of the Court

Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 19, 2007 in a declaratory judgment action. The judgment, among other things, declared that quarrying on subparcels 17C/25C and 12B/25I is a lawful nonconforming use.

It is hereby ordered that the judgment so appealed from is modified on the law by vacating the declaration in the last decretal paragraph with respect to the northern portion of parcel 31 and granting judgment in favor of plaintiff as follows: “It is ADJUDGED AND DECLARED that quarrying or min*1229ing is…

2Cases cited8 opinions

  1. Toys" R" US v. SilvaNew York Court of Appeals · 1996
  2. Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
  3. Rudolf Steiner Fellowship Foundation v. De LucciaNew York Court of Appeals · 1997
  4. Wills v. Town of OrleansAppellate Division of the Supreme Court of the State of New York · 1997
  5. Rodrigues v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Buffalo Crushed Stone, Inc. v. Town of CheektowagaNew York Court of Appeals · 2009
  2. Buffalo Crushed Stone, Inc. v. Town of CheektowagaNew York Court of Appeals · 2009

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