Court of Appeals of New York

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Jones v. Town of Carroll, 107

In an action seeking a declaration that a zoning ordinance restricting landfills could not be validly applied to plaintiffs' property because the use variance and their activities on the land established a right to operate a landfill on all 50 acres, the appellate division's reversal of summary judgment for plaintiffs is reversed where the ordinance did not apply to plaintiffs because plaintiffs acquired a vested right to use their 50-acre parcel as a landfill for construction and demolition debris before the enactment of the zoning law.

Appellate Information

  • Decided 06/17/2010
  • Published 06/17/2010

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Court

  • Court of Appeals of New York

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