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Buffalo Crushed Stone Granted Expansion

A state Supreme Court judge ruled that Buffalo Crushed Stone, Cheektowaga, N.Y., has the right to expand its mining operations. It’s a victory for the aggregates producer, but some  town leaders say it’s a loss for Cheektowaga, which is now considering an appeal and a new lawyer.

According to the Buffalo News, Judge Joseph R. Glownia ruled that Buffalo Crushed Stone’s mining rights includes a parcel known as “25D,” which is about 15 to 20 additional acres at the western edge of the mine.

In June 2009, the State Court of Appeals ruled the company could expand on a large parcel east of the existing quarry, but left it to the lower court to decide on some remaining parcels, including “25D.” Glownia determined that Buffalo Crushed Stone had declared its interest in the western land prior to the town’s 1969 zoning laws.

Kevin Schenk, town attorney, said the locality would consult with outside counsel to see what its odds are for an appeal.