Following the granting of a special use permit by the planning board to allow a limestone mining operation in an agricultural zone, neighbors challenged the determination claiming that the Board’s determination that the proposed use was not in conformance with the standards in the zoning ordinance. The trial court dismissed the petition and the appeals court affirmed. The Court noted that the classification of a particular use is “tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood.” Since the record supported the Board’s determination that the proposed mining operation was in conformance with the zoning ordinance, the Court concluded that the application was properly granted.
Residents Involved in Community Action (RICA) v. Town/Village of Lowville Planning Board and MJL Crushing, 2009 WL 1100654 (N.Y.A.D. 4th Dept. 4/24/2009).
The opinion can be accessed at: http://www.courts.state.ny.us/ad4/Court/Decisions/2009/04-24-09/PDF/0613.pdf
