New York Court of Appeals

In the Matter of Gernatt Asphalt Products, Inc., Respondent v. Town of Sardinia, Appellants

March 28, 199687 N.Y.2d 668

Summary

The New York Court of Appeals held that the Town of Sardinia properly complied with notice and referral requirements, was not preempted by the Mined Land Reclamation Law, did not engage in unconstitutional exclusionary zoning, did not violate the Open Meetings Law, and conducted an adequate SEQRA review. Accordingly, the Court reversed the Appellate Division and reinstated the lower court's judgment.