Matter of Cobleskill Stone Products, Inc. v. Town of Schoharie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, P.J.
Cross appeals from an order of the Supreme Court (Devine, J.), entered August 5, 2013 in Schoharie County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents’ motion for partial summary judgment.
As more fully set forth in our prior decisions in this matter (112 AD3d 1024 [2013]; 95 AD3d 1636 [2012]), petitioner operates a quarry in the Town of Schoharie, Schoharie County, which has been in operation since the 1890s. Pursuant to respondent Town of Schoharie’s 1975 zoning ordinance, “Commercial [e]xcavation or [m]ining” was a…
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