Voorheesville Sand & Stone Co. v. Town of New Scotland

Appeal from a judgment of the Supreme Court (McDermott, J.), entered July 9, 1987 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to, inter alia, declare that ECL 23-2703 preempts zoning ordinances of respondent Town of New Scotland and authorizes petitioners to operate their mine pursuant to their State permit.

Respondent Town of New Scotland in Albany County enacted a zoning ordinance in 1981 which authorized mining of fill, gravel and loam as a special use only in "residential forestry” zoning districts. In May 1984, the town amended…