Hawkins v. Town of Preble

— Weiss, J.

Appeal from an order and judgment of the Supreme Court (Tait, Jr., J.), entered March 18, 1988 in Cortland County, which granted plaintiffs motion for summary judgment and declared a section of defendant’s zoning ordinance to be void.

Plaintiff is the equitable owner of 40 acres of land in the Town of Preble, Cortland County, under a May 1985 contract providing for his acquisition of the acreage. The contract is conditioned upon the issuance of necessary permits and approvals for a gravel mining operation. At a special town meeting on May 6, 1987, town officials rejected plaintiffs…