Judge directs town to hold a hearing on whether mining is permitted

Supreme Court Justice Donald Cerio ruled in two Article 78 proceedings involving the town of Sullivan and a proposed mining operation. Petitioners brought about the appeal to annul Local Law No. 6 regarding Mineral Resource Use and Mining/Quarrying Use districts in the town. Cerio’s ordered the Town of Sullivan Zoning Board of Appeals (ZBA) to holding a hearing to determine whether mining is a permitted use in an agricultural zone. He based his decision on a lack of observance of the State Quality Environmental Review Act and a lack of a certified transcript from the ZBA’s last hearing. Many Quarry Road residents are protesting the mining operation and feel that mining should not be permitted.

The ZBA must make a decision within sixty days of the Judge’s ruling.

Read more about this Article 78 zoning case here.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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