Sand and Gravel Mine Expansion/Zoning Law: New York Appellate Court Addresses Preemption Issue

The New York Court of Appeals (“Court”) in a May 27th Decision addressed issues associated with the application of a Town’s zoning law to the expansion of a sand and gravel mine. See In the Matter of Town of Southampton, et al. v. New York State Department of Environmental Conservation, et al., 2021 NY Slip Op 03351. The question addressed was whether the New York Mine Land Reclamation Law (“Reclamation Law”) preempted a local zoning law....
By: Mitchell, Williams, Selig, Gates & Woodyard,

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