New York Court of Appeals, 1996

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

New York Court of Appeals · Decided June 11, 1996 · Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick Concur

669 N.E.2d 813; 88 N.Y.2d 897; 646 N.Y.S.2d 655; 1996 N.Y. LEXIS 1180 (North Eastern Reporter, Second Series)

Cases that cite this one

11 later published cases cite this decision.

Troy Sand & Gravel Co. v. Town of Nassau (Appellate Division of the Supreme Court of New York 2012)
Troy Sand & Gravel Co. v. Town of Nassau (Appellate Division of the Supreme Court of New York 2012)
Town of Riverhead v. T.S. Haulers, Inc. (Appellate Division of the Supreme Court of New York 2000)
Preble Aggregate, Inc. v. Town of Preble (Appellate Division of the Supreme Court of New York 1999)
Patterson Materials Corp. v. Town of Pawling (Appellate Division of the Supreme Court of New York 1999)
Philipstown Industrial Park, Inc. v. Town Board of Philipstown (Appellate Division of the Supreme Court of New York 1998)
Town of Throop v. Leema Gravel Beds, Inc. (Appellate Division of the Supreme Court of New York 1998)
Town of Washington v. Dutchess Quarry & Supply Co. (Appellate Division of the Supreme Court of New York 1998)
Town of Ogden v. Manitou Sand & Gravel Co. (Appellate Division of the Supreme Court of New York 1998)
Town of Tully v. Valley Realty Development Co. (Appellate Division of the Supreme Court of New York 1998)
MATTER OF MERSON v. McNally (N.Y. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.