Legal Opinion

Preble Aggregate, Inc. v. Town of Preble

Appellate Division of the Supreme Court of the State of New York

Decided July 22, 1999PublishedCited by 22 opinions

1Opinion of the CourtSpain, J.

Appeal from an order and judgment of the Supreme Court (Relihan, Jr., J.), entered July 15, 1998 in Cortland County, which, inter alia, granted defendant’s motion for summary judgment dismissing plaintiffs remaining causes of action in the complaint.

In December 1986, plaintiff filed a mining permit application with the Department of Environmental Conservation (hereinafter DEC) to mine approximately 25 acres — some of it below the watertable — in defendant, the Town of Preble in Cortland County.* In 1987, plaintiff sought a special use permit from the Town for this project. At that time, the…

2Cases cited28 opinions

  1. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  2. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  3. People v. MillerNew York Court of Appeals · 1952
  4. Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
  5. Pokoik v. SilsdorfNew York Court of Appeals · 1976

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3Cited by22 opinions

  1. LAMAR ADVERTISING OF PENN, LLC, — CROSS-APPELLEE v. TOWN OF ORCHARD PARK, NEW YORK, —Court of Appeals for the Second Circuit · 2004
  2. Tilcon New York, Inc. v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2011
  3. Glacial Aggregates LLC v. Town of YorkshireNew York Court of Appeals · 2010
  4. Morgan v. Town of West BloomfieldAppellate Division of the Supreme Court of the State of New York · 2002
  5. Claim of Novara v. Cantor Fitzgerald, LPAppellate Division of the Supreme Court of the State of New York · 2005

17 more not listed; retrieve them via the Exa API.

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