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Look back: Judge tosses Throop's ban on gravel mine

  • Updated

July 21, 1996

(No paper July 20, 1996)

THROOP — It's back to the drawing board for the town in its ongoing battle to block the Daykol gravel mine on McDonald Road.

On Thursday, acting state Supreme Court Judge Robert A. Contiguglia ruled against the town's use of a six-month moratorium to halt excavation at the 4.5-acre mine operated by Leema Gravel Beds of Warner.

The mine, on property owned by former highway superintendent Walter Kolczynski, has state Department of Environmental Conservation approval to provide 196,000 cubic feet of cover for the Auburn landfill over the five-year life of the permit.

On July 8, the town went to court asking for a temporary restraining order and injunction to halt work, citing a town-imposed moratorium on all new commercial and industrial development.

In his ruling, Contiguglia referred to several state court decisions that have ruled that such moratoriums are, in fact, zoning ordinances enacted without the benefit of the usual public approval process.

"It is clear that New York courts have held that moratoriums of this nature ... are either zoning or so close to zoning that their adoption requires the town to comply with statutes regulating amendment of zoning ordinances."

— Compiled by David Wilcox

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