Legal Opinion
Village of Savona v. Knight Settlement Sand & Gravel, Inc.
New York Court of Appeals
Decided June 11, 1996PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the case remitted to that Court for consideration of issues raised but not considered on the appeal to that Court.
As this Court recently held in Matter of Gernatt Asphalt Prods. v Town of Sardinia (87 NY2d 668), the Mined Land Reclamation Law does not preempt a municipality’s authority, by means of its zoning powers, to regulate or prohibit the use of land within its municipal boundaries for mining operations. Thus, the Appellate Division improperly dismissed the complaint on that ground.
Chie…
2Cases cited1 opinion
- Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
3Cited by11 opinions
- MATTER OF MERSON v. McNallyNew York Court of Appeals · 1997
- Preble Aggregate, Inc. v. Town of PrebleAppellate Division of the Supreme Court of the State of New York · 1999
- Town of Throop v. Leema Gravel Beds, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Troy Sand & Gravel Co. v. Town of NassauAppellate Division of the Supreme Court of the State of New York · 2012
- Philipstown Industrial Park, Inc. v. Town Board of PhilipstownAppellate Division of the Supreme Court of the State of New York · 1998
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