Legal Opinion
Gernatt Asphalt Products, Inc. v. Town of Sardinia
New York Court of Appeals
Decided March 28, 1996PublishedCited by 194 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Petitioner challenges the legality of amendments to the Town of Sardinia’s Zoning Ordinance which eliminated mining as a permitted use throughout the Town. The principal issues presented are whether: (1) the Town violated various statutory provisions relating to referral and public notice of the amendments when it enacted some but not all of the amendments that were proposed; (2) the New York State Mined Land Reclamation Law supersedes the Town’s authority to amend its Zoning Ordinance in a manner that eliminates mining as a permitted use throughout the Town; and…
2Cases cited34 opinions
- Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
- Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
- Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
29 more not listed; retrieve them via the Exa API.
3Cited by194 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- MATTER OF MERSON v. McNallyNew York Court of Appeals · 1997
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
- Tilcon New York, Inc. v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2011
- Association for a Better Long Island, Inc. v. New York State Department of Environmental ConservationNew York Court of Appeals · 2014
189 more not listed; retrieve them via the Exa API.