Bakerville Lumber Constr. v. New Hartford, No. 059210 (May 3, 1993)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION Bakerville Lumber and Construction Co., Inc., ("Plaintiff") commenced an action for declaratory judgment by writ, summons and complaint against the Town of New Hartford ("Defendant") dated March 31, 1992. The Plaintiff seeks a determination by this court of whether the continuation of the Plaintiff's sand and gravel excavation is governed by the Town of New Hartford Planning and Zoning Regulations effective as of 1974 and amended in 1979 or by the Regulations as amended by the Town of New…