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Dalrymple Gravel & Contracting Co. v. Erwin, Town of

ELR Citation: 33 ELR 20194
Nos. No. CA 02-02530, (N.Y. App. Div., 05/02/2003)

The court affirms, but on different grounds, a lower court decision invalidating a local ordinance prohibiting new mining activities in a town. The lower court erred in invalidating the local law based on the town's failure to comply with the state law's notice requirements. Because the local mining law was enacted under the Municipal Home Rule Law, the procedural requirements for enacting the local law are not governed by state law. However, the town must nevertheless adhere to its own notice requirements. Because proper notice was not given to all municipalities within 500 feet of the property affected by the zoning amendment, the local law was properly invalidated.

Kevin M. Bernstein
Bond, Schoeneck & King
One Lincoln Ctr., Syracuse NY 13202
(315) 218-8000

Counsel for Respondents
George J. Welch Sr.
Welch & Zink
17-19 E. Market St., Corning NY 14830
(607) 936-8057