Legal Opinion
South County Sand & Gravel Co., Inc. v. Town of South Kingstown
Court of Appeals for the First Circuit
Decided November 23, 1998No. 98-1530PublishedCited by 20 opinions
1Opinion of the Court
SELYA, Circuit Judge.
For many years—the memory of man runneth not to the contrary—earth removal operators in South Kingstown, Rhode Island (the Town) were able freely to mine their properties. That privilege was tempered in 1996, when the Town Council amended its zoning ordinance. The amendments here at issue, codified as Article 4, § 411 and Article 14, § 1404 of the Town’s zoning ordinance (collectively, the Amended Ordinance), prohibit businesses engaged in extractive industries from “expanding] horizontally in surface area by more than 25% of [their] existing excavated area” unless they…
2Cases cited36 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Albright v. OliverSupreme Court of the United States · 1994
- Collins v. City of Harker HeightsSupreme Court of the United States · 1992
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
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3Cited by20 opinions
- Pagan v. CalderonCourt of Appeals for the First Circuit · 2006
- Pagán v. CalderónCourt of Appeals for the First Circuit · 2006
- John Corp. v. City of HoustonCourt of Appeals for the Fifth Circuit · 2000
- Kittay v. GiulianiDistrict Court, S.D. New York · 2000
- Casciani v. NesbittDistrict Court, W.D. New York · 2009
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