Fletcher Gravel Co. v. Jorling

OPINION OF THE COURT

Green, J.

Petitioner operates a quarry on approximately 150 acres of land in Onondaga County. A quarry has existed on the site since the 1920’s. Petitioner first leased land for quarry purposes in the 1950’s and purchased the land in 1961. The operation of the quarry predated local zoning ordinances, and the quarry has been operating as a preexisting, nonconforming use since 1965.

In 1975, the Legislature enacted the Mined Land Reclamation Law (MLRL) (ECL 23-2701 et seq.). Pursuant to that legislation, petitioner submitted to the Department of Environmental Conservation…