Legal Opinion
Preble Aggregate, Inc. v. Town of Preble
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1998PublishedCited by 3 opinions
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered March 18, 1997 in Tompkins County, which denied plaintiffs motion for partial summary judgment.
The facts in this matter are not in dispute. On July 11, 1988 the Town Board of the Town of Preble in Tompkins County passed, by a unanimous vote, a new zoning law. This new zoning law (Local Laws, 1988, No. 1 of Town of Preble § 26A) (hereinafter Local Law No. 1) prohibited all mining in a newly designated area of the Town which was set forth in the proposed legislation as “Zone A”. Just prior to adopting Local Law No. 1, the…
2Cases cited5 opinions
- Jewett v. Luau-Nyack Corp.New York Court of Appeals · 1972
- Coutant v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1979
- Northern Operating Corp. v. Town of RamapoNew York Court of Appeals · 1970
- Cummings v. City of NorwichAppellate Division of the Supreme Court of the State of New York · 1955
- Sterling Concerned Citizens v.PellAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- Preble Aggregate, Inc. v. Town of PrebleAppellate Division of the Supreme Court of the State of New York · 1999
- Town of Preble v. ZagataAppellate Division of the Supreme Court of the State of New York · 1998
- Friends of Hammondsport v. Village of Hammondsport Planning BoardAppellate Division of the Supreme Court of the State of New York · 2004