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Sand Mine Enjoys Nonconforming Use Protection
Town of Southampton v. New York State Department of Environmental Conservation, 2023 WL 1824432, Court of Appeals (Opinion by Cannataro, A.C.J.)
In an article 78 proceeding brought by the town, various organizations and neighbors to annul an agreement between mine operator and the Department of Environmental Conservation (DEC), the mine operator appealed from the Appellate Division's grant of the petition. The Court of Appeals modified, holding that whether DEC has authority to issue a renewal and modification permit depends on the scope of the mine operator's prior non-conforming use.
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