|
''Gernatt Asphalt Products, Inc. v. Town of Sardinia'', ''87 N.Y.2d 668, 664 N.E.2d 1226, 642 N.Y.S.2d 164 (1996)'', was an appeal against municipal zoning laws in New York and whether they were addressed by New York State's Mined Land Reclamation Law, decided in the New York Court of Appeals. ==Background== In 1991, opposition to mining proposed by Gernatt Asphalt Products, Inc. became obvious in the Town of Sardinia, New York when a mining overlay was passed to the town's zoning laws, showing areas acceptable for mining. The mining overlay was voided by court action,〔 but later upheld. The owner of the privately held Water Works there informed residents that should mining occur, the water company would go out of business; about 70 residents would be affected.〔 In 1993, the Town Board passed an amendment to its zoning ordinance, providing it with regulatory control of new mining. The amendment was ruled by the State Court of Appeals to be a proper exercise of authority by the Town Board.〔 Regarding the Town Board's belief that mining was occurring on the former Gabel-Thomas property purchased by Gernatt's, Sardinia Town Attorney Anthony DiFillippo, III, stated, "We will bring to the attention of the court that mining is being conducted in violation of state law."〔 Gernatt Asphalt Products, Inc. filed with the New York State Department of Environmental Conservation (DEC) in 1993 for a 100-year mining permit for a 400-acre Gabel-Thomas tract of land it purchased near Chaffee, New York in the Town of Sardinia.〔 The Erie County Farm Bureau and the Erie County Legislature also took issue with the proposed mining due to the DEC's 4-inch thick report that the environment would be significantly affected.〔(【引用サイトリンク】url=http://www.highbeam.com/doc/1P2-22495355.html )〕 The Erie County Legislature offered the services of the county attorney to the Town of Sardinia in the matter.〔 The DEC's Environmental Impact Statement reported that a 276-acre lake would be created throughout the 100-year period due to mining operations.〔〔 By 1994, the companies had spent more than $1,000,000 to obtain the mining permit. In 1995, Judge Fallon for the New York State Appellate Court decided that the Town of Sardinia's Prohibition of Mining Amendments be nullified, that the Town did not act according to its Comprehensive Plan, and that the Town's rezoning was impermissibly exclusionary. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Gernatt Asphalt Products, Inc. v. Town of Sardinia」の詳細全文を読む スポンサード リンク
|