Subdivisions, Inc. v. Town of Sullivan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
The relevant facts are more fully set forth in our prior decisions (86 AD3d 830 [2011]; 75 AD3d 978 [2010]). The instant CPLR article 78 proceeding is an offshoot of an underlying declaratory judgment action, which involves a protracted zoning dispute as to petitioners’ entitlement to nonconforming use status for an 80-acre parcel of land (hereinafter the subject parcel) owned by petitioner Subdivisions, Inc. and located on County Route 23, commonly known as Quarry Road, in the Town of Sullivan, Madison County. Historically, Subdivisions’ predecessors in interest mined both the subject…
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