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BUFFALO CRUSHED STONE, INC. v. TOWN OF CHEEKTOWAGA

55 A.D.3d 1228 (2008)

864 N.Y.S.2d 598

BUFFALO CRUSHED STONE, INC., Appellant-Respondent, v. TOWN OF CHEEKTOWAGA, Respondent-Appellant.

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

October 3, 2008.

It is hereby ordered that the judgment so appealed from is modified on the law by vacating the declaration in the last decretal paragraph with respect to the northern portion of parcel 31 and granting judgment in favor of plaintiff as follows: "It is ADJUDGED AND DECLARED that quarrying or mining is a permitted use on the northern portion of parcel 31," and by vacating the second decretal paragraph and granting judgment in favor...

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