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MATTER OF STEPHENTOWN CONCERNED CITIZENS v. HERRICK

280 A.D.2d 801 (2001)

720 N.Y.S.2d 597

In the Matter of STEPHENTOWN CONCERNED CITIZENS et al., Appellants, v. DEAN HERRICK, as Code Enforcement Officer of the Town of Stephentown, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 8, 2001.

Spain, J.

Respondent Troy Sand & Gravel Company, Inc. (hereinafter TSG) leases property in the Town of Stephentown, Rensselaer County, where it has operated a gravel mine subject to the regulation of respondent Department of Environmental Conservation (hereinafter DEC) since 1981. In 1990, the Town rezoned various properties within the Town, placing the gravel mine in a residential area in which mining was prohibited, but permitted TSG to continue mining activities...

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