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Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA
Frontier Stone, LLC v. Town of Shelby 174 A.D.3d 1382 Fourth Dept. (memorandum opinion)
In a combined article 78 proceeding/declaratory judgment action challenging the town's prohibition on mining in a wildlife refuge overlay district, plaintiff stone mining company appealed from Supreme Court's dismissal of the petition. The Appellate Division affirmed, rejecting the company's contentions that the zoning prohibition was inconsistent with the town's comprehensive plan, was enacted in violation of SEQRA, and was pre-empted by state law.
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