Frew Run Gravel Products, Inc. v. Town of Carroll

— Order unanimously reversed, on the law, with costs, and petition dismissed. Memorandum: The Town of Carroll Zoning Enforcement Officer notified petitioner that its gravel and sand operation was being conducted in violation of the Town Zoning Law. The property is situated in an AR-II zoning district where gravel and sand operations are not permitted as a matter of right or by special permit.

After obtaining a mining permit from the State Department of Environmental Conservation (DEC), petitioner commenced this proceeding for a permanent injunction restraining the town from enforcing its…