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GLACIAL AGGREGATES LLC v. TOWN OF YORKSHIRE

57 A.D.3d 1362 (2008)

869 N.Y.S.2d 718

GLACIAL AGGREGATES LLC, Respondent, v. TOWN OF YORKSHIRE, Appellant.

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

December 31, 2008.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion for a directed verdict is granted, the second cause of action is dismissed and judgment is granted in favor of defendant as follows:

It is adjudged and declared that the mining of sand and gravel aggregate on the property in question is not a lawful nonconforming use and that plaintiff did not acquire a vested...

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