Country Side Sand & Gravel Inc. v. Town of Pomfret Zoning Board of Appeals

*1502Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of respondent Town of Pomfret Zoning Board of Appeals denying its application for a special use permit to operate a sand and gravel mine on property adjacent to its existing mine. Supreme Court previously denied the petition on the merits, whereupon petitioner moved for leave both to renew and reargue with respect to the relief sought in the petition. After the parties appeared in court on the motion, the court granted “reargument and renewal” and, inter alia, “scheduled a further hearing on…