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FREW RUN GRAVEL v. CARROLL

71 N.Y.2d 126 (1987)

In the Matter of Frew Run Gravel Products, Inc., Appellant, v. Town of Carroll et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1987.

Attorney(s) appearing for the Case

Andrew W. Goodell for appellant.

Paul V. Webb, Jr., for Town of Carroll, respondent.

Joseph DiBenedetto and Paul A. Gallay for Seaboard Contracting & Material, Inc., and others, amici curiae.

William J. Gilberti, Jr., Joshua H. Heintz, Albert M. Ferlo, Jr., and Rosemary Stack for Empire State Concrete and Aggregate Products Association, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

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...

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