Town of Ogden v. Manitou Sand & Gravel Co.

—Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Defendants, Manitou Sand & Gravel Co., Inc., and Walter F. Przybycien, individually and as president of Manitou Sand & Gravel Co., Inc. (collectively Manitou), conduct a mining operation on several parcels of their property in the Town of Ogden. Plaintiff, Town of Ogden (Ogden), commenced this action against Manitou alleging a violation of Ogden’s zoning ordinance as amended by Resolution No. 463-12/90, effective January 11, 1991, and a breach of the…