Colella v. New York State Department of Environmental Conservation
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
Petitioner Ten Mile River Holding, Ltd. (hereinafter TMR) is the owner of farm land in Dutchess County which had been mined by prior owners and operators in areas denominated as pit Nos. 1, 2 and 3. Respondent Department of Environmental Conservation (hereinafter DEC) granted TMR’s application in 1982 to mine sand and gravel based upon a negative declaration which found that TMR proposed to operate a sand and *165gravel mining operation in order to level the area disturbed by previous sand and gravel mining and to return the area to agricultural use. The 1982 permit…
2Cases cited6 opinions
- Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
- MATTER OF HUGHES v. Suffolk County Dep't of Civil Serv.New York Court of Appeals · 1989
- Jackson's Marina, Inc. v. JorlingAppellate Division of the Supreme Court of the State of New York · 1993
- Kessel v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1987
- Ruszkowski v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by8 opinions
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- Iwan v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1998
- Abraham v. Board of RegentsAppellate Division of the Supreme Court of the State of New York · 1995
- Bradley Corporate Park v. CrottyAppellate Division of the Supreme Court of the State of New York · 2007
- Lake George Park Commission v. SalvadorAppellate Division of the Supreme Court of the State of New York · 2010
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