Hyperlawhypertext legal database Village of Savona v. Knight Settlement Sand & Gravel, Inc. 88 N.Y.2d 897

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Village of Savona v. Knight Settlement Sand & Gravel, Inc.

88 N.Y.2d 897 Court N.Y. Decision date 1996-06-11 English

Contents

Majority

p. 897
[669 NE2d 813, 646 NYS2d 655]
Village of Savona, Appellant, v Knight Settlement Sand & Gravel, Inc., Respondent.
Decided June 11, 1996
p. 898
APPEARANCES OF COUNSEL
Brian C. Flynn, Hammondsport, for appellant.
Robert H. Plaskov, Bath, for respondent.
p. 899
OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that Court for consideration of issues raised but not considered on the appeal to that Court.

As this Court recently held in Matter of Gernatt Asphalt Prods. v Town of Sardinia ( 87 NY2d 668 ), the Mined Land Reclamation Law does not preempt a municipality’s authority, by means of its zoning powers, to regulate or prohibit the use of land within its municipal boundaries for mining operations. Thus, the Appellate Division improperly dismissed the complaint on that ground.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.

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