Cobleskill Stone Products, Inc. v. Town of Schoharie

Peters, PJ.

Appeal from a judgment of the Supreme Court (Devine, J), entered May 11, 2011 in Schoharie County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted petitioner’s motion for *1637partial summary judgment declaring that it had secured vested rights to quarry a certain parcel of property as a preexisting nonconforming use.

Petitioner owns a quarry on land north of Rickard Hill Road in the Town of Schoharie, Schoharie County that has been in operation since the 1890s. While mining in the area required a special use permit under the…