Legal Opinion
Manitou Sand & Gravel Co. v. Town of Ogden
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1981PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously affirmed, with costs. Memorandum: In 1979 petitioner Manitou Sand and Gravel Co., Inc., successfully challenged certain conditions contained in an excavation permit issued to it by respondent Town of Ogden which prohibited excavation of bedrock and excavation below an elevation of 595 feet above sea level. The town did not appeal that determination. A similar permit issued in 1980 prohibited ex-cavcation below 600 feet above sea level. On application by Manitou, Special Term vacated this depth limitation on the ground of collateral estoppel, observing that it would have…
2Cases cited7 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Reilly v. ReidNew York Court of Appeals · 1978
- Torsoe Bros. Construction Corp. v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1975
- People ex rel. Watchtower Bible & Tract Society, Inc. v. HaringAppellate Division of the Supreme Court of the State of New York · 1955
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Martin v. United States Trust Co. of New York, Texas Court of Appeals, 5th District (Dallas)1985
- Jensen v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1987
- DaimlerChrysler Corp. v. SpitzerNew York Supreme Court · 2004
- Guzzello v. VenteauDistrict Court, E.D. New York · 1992
- Manitou Sand & Gravel Co. v. Town of OgdenAppellate Division of the Supreme Court of the State of New York · 1982