Schadow v. Wilson

I agree with the majority that the State’s Mined Land Reclamation Law (ECL art 23, tit 27) was not intended to preempt the provisions of the Town of Ballston Zoning Law that require a special use permit for the conducting of a sand and gravel mining operation within the municipality. In my view, however, respondents’ denial of petitioner’s application for a special use permit, based as it was upon what I perceive to be general objections, conclusory findings and pure conjecture, lacks a rational basis. Under firmly established precedent, denial of a special use permit upon such intangibles…