Legal Opinion

Matter of Troy Sand & Gravel Co., Inc. v. Fleming

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

Decided December 28, 2017No. 524952PublishedCited by 9 opinions

1Opinion of the CourtRose, J.

Appeals from a judgment and an amended judgment of the Supreme Court (McNally Jr., J.), entered July 21, 2016 and September 20, 2016 in Rensselaer County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Town Board of the Town of Nassau denying the request of petitioner Troy Sand & Gravel Co., Inc. for a special use permit.

In 2003, petitioner Troy Sand & Gravel Co., Inc. applied for a mining permit from the Department of Environmental Conservation (hereinafter DEC) to operate an open pit hard rock quarry requiring…

2Cases cited42 opinions

  1. North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
  2. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  3. Webster Associates v. Town of WebsterNew York Court of Appeals · 1983
  4. The Matter of Senator Tony Avella v. City of New YorkNew York Court of Appeals · 2017
  5. Wegmans Enterprises, Inc. v. LansingNew York Court of Appeals · 1988

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3Cited by9 opinions

  1. Matter of Hart v. Town of GuilderlandAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Biggs v. Eden Renewables LLCAppellate Division of the Supreme Court of the State of New York · 2020
  3. DiGiacomo v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  4. Shea v. Signal Hill Rd. LLCAppellate Division of the Supreme Court of the State of New York · 2022
  5. Matter of Titan Concrete, Inc. v. Town of KentAppellate Division of the Supreme Court of the State of New York · 2022

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