Mombaccus Excavating, Inc. v. Town of Rochester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.E
Petitioner, which operates sand and gravel mines on property it owns in the Town of Rochester, Ulster County, commenced this combined CPLR article 78 proceeding and action for *1210declaratory judgment seeking to annul Local Law No. 4 (2009) of the Town of Rochester. Enacted by respondent Town Board of the Town of Rochester in 2009, Local Law No. 4 amended respondent Town of Rochester’s existing zoning law by, as relevant here, eliminating provisions that permitted unlimited gravel mining throughout the Town and restricting full-scale mining — i.e., mining subject to the jurisdiction…
2Cases cited7 opinions
- Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
- Riverkeeper, Inc. v. Planning BoardNew York Court of Appeals · 2007
- Coca-Cola Bottling Co. v. Board of EstimateNew York Court of Appeals · 1988
- Troy Sand & Gravel Co. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 2011
- Shop-Rite Supermarkets, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gabrielli v. Town of New PaltzAppellate Division of the Supreme Court of the State of New York · 2014
- WOOSTER, MARGARET v. QUEEN CITY LANDING, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Gabrielli v. Town of New PaltzAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Troy Sand & Gravel Co., Inc. v. Town of Sand LakeAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of 61 Crown St., LLC (City of Kingston Common Council)Appellate Division of the Supreme Court of the State of New York · 2023
13 more not listed; retrieve them via the Exa API.