Legal Opinion
Glacial Aggregates LLC v. Town of YorkShire
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 3 opinions
1Opinion of the Court
*1363Memorandum: Plaintiff, the owner of approximately 216 acres of land in defendant, Town of Yorkshire (Town), commenced this action seeking, inter alia, a declaration that its mining of sand and gravel aggregate on the property in question was a lawful nonconforming use and that it had acquired a vested right to mine the property. In its amended complaint plaintiff also alleged that the Town had deprived it of its vested right to mine the property in question in violation of the United States Constitution and that it was entitled to damages pursuant to 42 USC § 1983. Following a jury trial,…
2Cases cited13 opinions
- Bower Associates v. Town of Pleasant ValleyNew York Court of Appeals · 2004
- Town of Orangetown v. MageeNew York Court of Appeals · 1996
- Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
- Ellington Construction Corp. v. Zoning Board of Appeals of Inc. Village of New HempsteadNew York Court of Appeals · 1990
- Putnam Armonk, Inc. v. Town of SoutheastAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by3 opinions
- Glacial Aggregates LLC v. Town of YorkshireNew York Court of Appeals · 2010
- Glacial Aggregates LLC v. Town of YorkshireAppellate Division of the Supreme Court of the State of New York · 2010
- GLACIAL AGGREGATES LLC v. TOWN OF YORKSHIREAppellate Division of the Supreme Court of the State of New York · 2011