Legal Opinion
Seaboard Contracting & Material, Inc. v. Town of Smithtown
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1989PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The plaintiff brought this action for a judgment declaring that the provisions of Town of Smithtown Code chapters 44A and 54 are unconstitutional insofar as they are applicable to the mining industry (see, NY Const, art 9, § 2). We hold that the provisions in issue are constitutional on their face, and the plaintiff’s contentions that they are unconstitutional as applied to it should be asserted in a proceeding pursuant to CPLR article 78.
The plaintiff is engaged in the business of sand mining and is the owner of the mineral rights of a residentially zoned parcel of real…
3Cases cited6 opinions
- Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
- Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
- Frew Run Gravel Products, Inc. v. Town of CarrollNew York Court of Appeals · 1987
- Voorheesville Sand & Stone Co. v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.
4Cited by4 opinions
- Patterson Materials Corp. v. Town of PawlingAppellate Division of the Supreme Court of the State of New York · 1999
- Town of Parishville v. Contore Co.Appellate Division of the Supreme Court of the State of New York · 1998
- City of Buffalo v. National Fuel Corp.Buffalo City Court · 2003
- Hunt Bros. v. GlennonAppellate Division of the Supreme Court of the State of New York · 1992