92 A.D.2d 1056 | N.Y. App. Div. | 1983
— Appeal from an order and judgment of the Supreme Court in favor of plaintiff, entered March 23,1982 in Albany County, upon a decision of the court at Trial Term (Prior, Jr., J.), without a jury. Plaintiff has been excavating and hauling gravel from the Oliver Pit, a quarry in the Town of Guilderland, since 1952. The town enacted a zoning ordinance, effective January 5, 1954, which stated, inter alla, that new gravel mining would only be allowed by special permit but that pre-existing nonconforming uses of land could continue. Therefore, plaintiff legally continued operation of Oliver Pit as a nonconforming use. In 1964, after a change in New York State’s specifications for crushed stone to be used in road construction, plaintiff began using a mobile rock crusher at the Oliver Pit in place of a screen gravel separator, in order to maintain a profitable operation. In 1971, the town passed a new zoning ordinance which again required a special use permit for quarry