Development

In landowner's article 78 proceeding challenging the order of the zoning board of appeals (ZBA) upholding a stop work order on landowner's mine, the town appealed from Supreme Court's grant of the petition. The Appellate Division modified to vacate Supreme Court's grant of a declaration, and otherwise affirmed, holding that the ZBA had previously issued a valid special use permit and the town had no authority to regulate landowner's mining operations.

Landowners own a quarry in an agricultural zone, which permits mining by special use permit. In 2013, the ZBA issued a special use permit approving an application for mining, subject to various conditions. In 2019, the ZBA adopted a resolution concluding that the conditions were not enforceable. Meanwhile, in 2018, landowner applied for and obtained a mining permit from the state Department of Environmental Conservation. The permit allowed blasting and drilling, which led to conflicts with neighbors, including the town's chief enforcement officer, who issued a notice of violation and a stop work order. Landowner appealed to the ZBA, which affirmed the stop work order, concluding that the 2013 special use permit was null and void. Landowner then brought this article 78 proceeding, seeking to vacate the resolution, and to enjoin the town from regulating or prohibiting mining on the property. Supreme Court granted the petition, and also issued a declaratory judgment.