Lemmon v. Seneca Meadows, Inc.
New York Supreme Court
46 Misc. 3d 1215, 9 N.Y.S. 3d 593 (2015)
- Written by Tanya Munson, JD
Facts
In July 2014, the Waterloo Town Board (town board) (defendant) granted a mining permit to Seneca Meadows, Inc. (SMI) (defendant) pursuant to the town of Waterloo laws. In August 2014, the Waterloo Planning Board (planning board) approved SMI’s site plan and granted a special-use permit allowing SMI to clay mine in an agricultural zone. Dixie Lemmon and Concerned Citizens of Seneca, Inc. (Lemmon) (plaintiffs) brought an action seeking, among other relief, an annulment of the permits granted to SMI by the town board and planning board. Lemmon asserted that the town board and planning board acted arbitrarily and capriciously by failing to comply with the August 16, 2015 Community Benefits Agreement (CBA) between the town board and SMI by failing to prohibit mining activities within 1,000 feet of other properties according to Chapter 80 of the town of Waterloo laws. Lemmon argued that by entering into the CBA, SMI agreed to be bound by the provisions of all local laws and zoning ordinances of Waterloo, including Chapter 80. SMI requested that the court dismiss this allegation for failure to state a cause of action.
Rule of Law
Issue
Holding and Reasoning (Falvey, J.)
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