Legal Opinion

Frew Run Gravel Products, Inc. v. Town of Carroll

New York Court of Appeals

Decided December 21, 1987PublishedCited by 51 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J.

The New York State Mined Land Reclamation Law (ECL 23-2701 — 23-2727) establishes a detailed legislative scheme under which the Department of Environmental Conservation is empowered to regulate mining and the reclamation of mined lands and to promulgate and enforce necessary and appropriate standards and rules and regulations for such purposes. Among other things, the Department is specifically authorized to establish criteria for "the operation of mining” (ECL 23-2709 [1] [d]) and for the "acceptable reclamation of affected lands” (ECL 23-2709 [1] [e]) and…

2Cases cited7 opinions

  1. Price v. PriceNew York Court of Appeals · 1986
  2. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
  3. Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
  4. Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
  5. Robin v. Incorporated Village of HempsteadNew York Court of Appeals · 1972

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3Cited by51 opinions

  1. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  2. People v. Applied Card Systems, Inc.New York Court of Appeals · 2008
  3. DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
  4. Wallach v. Town of DrydenNew York Court of Appeals · 2014
  5. Sour Mountain Realty, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1999

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