AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DICK'S QUARRY, INC., ET AL., appellants, v. TOWN OF WARWICK, respondent.

ORDERED that the order is affirmed, with costs.

The gravamen of the single cause of action alleged in the complaint was that the enactment of Local Law # 6 of 2000 of the Town of Warwick, which rezoned a number of properties from manufacturing to agricultural, deprived the plaintiffs of their "reasonable and legitimate investment expectations" in violation of their constitutional due process rights by precluding the recommencement of mining activities in the dormant quarry located on their land. However, until the plaintiffs apply for a variance from the Zoning Board of Appeals of the Town of Warwick (hereinafter the ZBA), their claims are not ripe for review (see Matter of Wedinger v. Goldberger, 71 N.Y.2d 428, 439-440; Matter of Parkview Assocs. v. City of New York, 71 N.Y.2d 274, 283; Petosa v. City of New York, 135 A.D.2d 800, 802-803). While the plaintiffs subjectively believe that such application would be futile, their unsupported beliefs do not satisfy their heavy burden of proof. Rather, assuming that the plaintiffs are able to dispel the health concerns about the mining of materials possibly containing asbestos, any application for a variance will presumably receive due consideration. Until the plaintiffs have completed the supplemental environmental review process and have given the ZBA a chance to exercise its discretion, their claims are premature.

The plaintiffs' remaining contentions are without merit.

S. MILLER, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

DICK'S QUARRY, INC. v. TOWN OF WARWICK
(Apr 1, 2002)