Legal Opinion

James H. Maloy, Inc. v. Town Board of Guilderland

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 1983PublishedCited by 8 opinions

1Opinion of the Court

— Appeal from an order and judgment of the Supreme Court in favor of plaintiff, entered March 23,1982 in Albany County, upon a decision of the court at Trial Term (Prior, Jr., J.), without a jury. Plaintiff has been excavating and hauling gravel from the Oliver Pit, a quarry in the Town of Guilderland, since 1952. The town enacted a zoning ordinance, effective January 5, 1954, which stated, inter alla, that new gravel mining would only be allowed by special permit but that pre-existing nonconforming uses of land could continue. Therefore, plaintiff legally continued operation of Oliver Pit as…

2Cases cited6 opinions

  1. Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
  2. Syracuse Aggregate Corp. v. WeiseAppellate Division of the Supreme Court of the State of New York · 1980
  3. Village of Waterford v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1972
  4. Gray v. WardAppellate Division of the Supreme Court of the State of New York · 1974
  5. Mariner's Realty Corp. v. WickAppellate Division of the Supreme Court of the State of New York · 1976

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Franklin County v. City of St. AlbansSupreme Court of Vermont · 1990
  2. Town of Southampton v. SendlewskiAppellate Division of the Supreme Court of the State of New York · 1989
  3. Verstandig's Florist, Inc. v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1996
  4. Walter v. HarrisAppellate Division of the Supreme Court of the State of New York · 1990
  5. Hoffay v. TifftAppellate Division of the Supreme Court of the State of New York · 1990

3 more not listed; retrieve them via the Exa API.

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