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ZBA: Not permitted

Longstreet said he didn't know whether he will advise his clients to proceed with the current Article 78 petition filed Dec. 31 and file a new one to address Thursday night's action or amend the one they just filed.

Oot and his partners will not be applying to the town board for a zone change, Longstreet said.

"I don't think the new zoning law is legal, so I wouldn't try to submit anything under it," Longstreet said. "I think it will be thrown out by the judge, and then they'll have to decide whether the town has to do another [environmental review]."

He said there is no way the town could enact a new law, perform an environmental assessment and determine negative impact within a week or two.

"This is now a new mining law," Longstreet said. "This is going to allow mining everywhere in the town. Mining affects the environment, and they have to start studying it at the very earliest opportunity possible. The town says it will be decided on a case-by-case basis. The courts say you have to have a plan and a course of action to follow to study it on something that will have such a broad environmental impact."

Longstreet said he is convinced that for some reason, the town is prejudiced against these applicants.

"You can't be arbitrary in how you enforce your laws," Longstreet said. "In all my years of practice, I've never seen any town act like this in my career."

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