Dan Gernatt Gravel Products, Inc. v. Town of Collins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Determination unanimously annulled without costs, and petitioner’s request for a permit granted, subject to the conditions imposed by respondent’s Planning Board at its meeting of April 26,1982. Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul respondent Town Board’s decision to deny its application for a special use permit to mine gravel. This proceeding was subsequently transferred to the Appellate Division pursuant to CPLR 7804 (subd [g]).
A public hearing on petitioner’s request for a special permit was originally held on March 8, 1982. At the hearing several area…
2Cases cited10 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Colton v. BermanNew York Court of Appeals · 1967
- 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
- MATTER OF PLEASANT VALLEY HOME CONSTR., LTD. v. WagnerNew York Court of Appeals · 1977
- Matter of Robert Lee Realty Co. v. Vill. of Spring ValleyNew York Court of Appeals · 1984
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