Eddy v. Niefer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Petitioners are the owners of a 93-acre parcel of real property in the Town of Ithaca, Tompkins County. Substantially all of petitioners’ property is devoted to agriculture, but petitioners wish to operate a sand and gravel mine on 4.8 acres of the property and thereafter reclaim that land for agricultural purposes as well. Pursuant to the Town Zoning Ordinance, mining operations are permitted in the town upon the issuance of a special use permit by the Town Zoning Board of Appeals (hereinafter ZBA) following a review and recommendation by the town engineer; in addition, when the…
2Cases cited5 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
- MATTER OF TWIN COUNTY RECYCLING CORP. v. YevoliNew York Court of Appeals · 1997
- Wegmans Enterprises, Inc. v. LansingNew York Court of Appeals · 1988
- C & A Carbone, Inc. v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1992
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- Matter of Troy Sand & Gravel Co., Inc. v. FlemingAppellate Division of the Supreme Court of the State of New York · 2017
- Rendely v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2007
- Kinderhook Development, LLC v. City of Gloversville Planning BoardAppellate Division of the Supreme Court of the State of New York · 2011
- Allen v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
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