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GERNATT ASPHALT v. SARDINIA

87 N.Y.2d 668 (1996)

664 N.E.2d 1226

642 N.Y.S.2d 164

In the Matter of Gernatt Asphalt Products, Inc., Respondent, v. Town of Sardinia et al., Appellants.

Court of Appeals of the State of New York.

Decided March 28, 1996.

Attorney(s) appearing for the Case

David J. Seeger, Buffalo, and DiFilippo, Bennett & Daumen, East Aurora (Anthony DiFilippo III of counsel), for appellants.

Saperston & Day, P. C., Rochester (Gary J. O'Donnell, Frank T. Gaglione and Eric A. Fitzgerald of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

Petitioner challenges the legality of amendments to the Town of Sardinia's Zoning Ordinance which eliminated mining as a permitted use throughout the Town. The principal issues presented are whether: (1) the Town violated various statutory provisions relating to referral and public notice of the amendments when it enacted some but not all of the amendments...

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