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Development
Invalid Condition on Special Permit Does Not Invalidate Permit
Schachtler Stone Produce, LLC v. Town of Marshall,, 2022 WL 5406399, AppDiv, Fourth Dept. (memorandum opinion)
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.
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