Development

In landowner's hybrid article 78 proceeding/declaratory judgment action challenging a determination that landowner did not have a vested right to mine its parcel as a prior nonconforming use, landowner appealed from Supreme court's denial of the petition and dismissal of the proceeding. The Appellate Division modified to hold that landowner had acquired vested rights to mine over 96 acres of its parcel.

Landowner owns 241 acres in the Town of Rhinebeck and has operated a sand and gravel mine there since 1993. A state DEC permit issued in 2005 has allowed mining on 37.5 acres of the property. In 2008, landowner applied to the DEC to expand the mine area to 141 acres. In 2010, landowner submitted a revised draft EIS to DEC, and reduced the scope of the proposed expansion to 124 acres. In 2015, landowner submitted another revised raft EIS, this time reducing the scope to 94 acres. While landowner's DEC application was pending, the town allowed mining only on those lands upon which there were existing DEC-permitted mining operations. Landowner then sought a determination that it had a vested right to mine on the entirety of its property. The zoning enforcement officer denied the application and the zoning board of appeals upheld that determination. Landowner then brought this hybrid article 78 proceeding/declaratory judgment action challenging that determination. Supreme Court denied the petition and dismissed the proceeding.