Legal Opinion
Northeast Mines, Inc. v. State of New York Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1985PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
Petitioners own and operate a sand and gravel mining business on ca large parcel of land in the Town of Smithtown (Smithtown), Suffolk County. They applied for and were *63granted a permit to conduct their mining operations from respondent, the Department of Environmental Conservation (DEC), pursuant to the provisions of the Mined Land Reclamation Law (ECL art 23, tit 27, as added by L 1974, ch 1043 [hereinafter the act or the statute]). Smithtown, however, attempted to prevent their mining activities through enforcement of its local ordinance (Smithtown Code of…
2Cases cited5 opinions
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972
- Cahen v. BoylandNew York Court of Appeals · 1956
- Envirogas, Inc. v. Town of KiantoneNew York Supreme Court · 1982
- Envirogas, Inc. v. Town of KiantoneAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by9 opinions
- Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- Frew Run Gravel Products, Inc. v. Town of CarrollNew York Court of Appeals · 1987
- Seaboard Contracting & Material, Inc. v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1987
- Briarcliff Associates Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 1988
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