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

• Decision Date: 15 November 1995
• Citation: 634 N.Y.S.2d 274,221 A.D.2d 1011
• Court: New York Supreme Court — Appellate Division
• Parties: VILLAGE OF SAVONA, Respondent, v. KNIGHT SETTLEMENT SAND & GRAVEL, INC., Appellant.

Page 274

634 N.Y.S.2d 274

221 A.D.2d 1011

VILLAGE OF SAVONA, Respondent, v. KNIGHT SETTLEMENT SAND & GRAVEL, INC., Appellant.

Supreme Court, Appellate Division, Fourth Department.

Nov. 15, 1995.

Robert H. Plaskov by Laurel Eveleigh, Bath, New York, for appellant.

Brian Flynn, Hammondsport, New York, for respondent.

Before PINE, J.P., and LAWTON, WESLEY, DAVIS and BOEHM, JJ.

MEMORANDUM:

We agree with defendant that the blanket ban on mining in plaintiff's Local Laws, 1970, No. 1 is invalid (see, Matter of Gernatt Asphalt Prods. v. Town of Sardinia, 208 A.D.2d 139, 149-150, 622 N.Y.S.2d 395, lv. granted 86 N.Y.2d 707, 634 N.Y.S.2d 441, 658 N.E.2d 219 [decided Sept. 19, 1995]. Dismissal of the amended complaint, which seeks to enforce Local Law No. 1 of 1970, is therefore required.

Order unanimously reversed on the law without costs, motion denied, preliminary injunction vacated and amended complaint dismissed.