Guptill Holding Corp. v. Williams

OPINION OF THE COURT

Lawrence E. Kahn, J.

On March 17, 1981, petitioner submitted a mining permit application and reclamation report to mine approximately two acres of land in the Town of Colonie, Albany County, New York. This acreage is part of a 110-acre parcel which petitioner alleges has been used in its sand and gravel mining business since prior to 1962. In support of its application, petitioner submitted a mined land use plan which indicated that "approximately two acres are estimated to be excavated for the permit term [and] at this time there is no definite planned future use of the…