Court allows more mining at Cheektowaga quarry

New York's highest court has given Buffalo Crushed Stone permission to mine land across Indian Road in Cheektowaga, outside the boundaries of the town zoning district that allows mining.

The Court of Appeals ruling today is a blow to the Town of Cheektowaga and citizen groups that have opposed the expansion of mining at the 80-year-old quarry.

The court said "it is unrealistic and unreasonable" to require the company to have actively mined all the areas within its 280-acre property before the town passed a zoning ordinance in 1969.

"Quarrying contemplates a gradual unearthing of the minerals in the land, and so excavation of portions of the land may be sufficient to manifest an intention to conduct quarrying on the property as a whole," the court's decision stated.

The Court of Appeals also overturned another portion of the Appellate Division ruling, and held that the quarry is allowed to mine two parcels near Como Park Boulevard.

The decision dealt with the issue of "prior non-conforming use" ? how a parcel was used before the creation of a zoning district that would outlaw the use.

The court ruled that the non-conforming use did not extend to a parcel on the western part of the quarry, and to several parcels closer to Como Park Boulevard, because it could not be determined if the parcels were acquired before the aggregate zoning ordinance was put into effect in 1969.

Chief Judge Jonathan Lippman and Judge Victoria A. Graffeo dissented from the five-judge majority, and would not have allowed mining on the parcel to the east of Indian Road. The two judges also believe the parcel to the west should not be mined.

"By failing to adhere to our prior analytical framework in this context, the majority today muddies an area of law that ought to be predictable for a host of practical purposes," Lippman wrote in his dissent.
 

Will we Fade Away?

For nearly seven years we have provided a service to the stone industry. Some have said it was a needed service because we provided timely stories and "how to" tips. We provided free classified advertising to help move surplus machinery through the industry and helped to join those looking for jobs with those that were in need of employees. This service was funded by quality advertisers with a sincere desire to serve our industry. For a little over a year I have tried to whistle while arranging the deck chairs on a sinking ship. I feel like our small business, like many other small stone businesses', has been the victim of the greed of Wall Street, the corruption of mortgage lenders, the glut of automobiles and the high unemployment of the nation. The impact on companies manufacturing and selling capital equipment has been tremendous resulting in financial hardships for those companies and smaller advertising budgets. Practically new machinery is being sold at fire sale prices to lower operating costs of many small shops. Good employees have been laid off and many others have received pay cuts. My economics professor would say this represents a shift in employment reflecting market conditions and relating to supply and demand. It has been painful for many.

For the past 30 years my involvement in the stone industry has provided opportunities for me to travel to many distant places and meet friends from around the world. It has been a wonderful experience and I have many fond memories. I have helped many people and many people have helped me more than they know. From the small "hands-on" operations that have been handed down from generation to generation to the entrepreneurs in exquisite Manhattan offices managing quarries mining gemstones in foreign countries; it has been a humbling experience afforded few people. I grew to admire the ingenuity of craftsman that develop their own methods of working stone as the technology steadily advanced over the decades. It is hard work to create the timeless beauty afforded by natural stone. Sometimes the pay is low and the hours are long; but often the satisfaction of a beautiful work in stone is priceless. I have had the high honor to know personally many outstanding leaders in our industry (and a few that thought they were). Many have passed on and others remain that will guide our industry forward over the decades to come.

At this time we will suspend publication of Stone Industry News. For the past year the publication has experienced declining revenues and we continued subsidizing the mailing of the publication until it is no longer feasible to do so. Being the eternal optimist, I am confident the industry will rebound. However, the landscape has changed as electronic advertising has advanced. The newspaper business has been squeezed by increasing costs of production, postage and postal regulations. Even as the industry rebounds new methods of contacting potential customers will emerge that portrays bad news for publishing newspapers.

I recall listening to the radio when General Macarthur said "Old soldiers never die; they just fade away." I think both parts of that statement may have proven to be incorrect. He died, but I am not sure he faded away. In any case, the stone industry has enriched my life in many ways, and I am truly grateful for the friends I have made along the way. Our advertisers, readers and staff have all played an important part in making our publication an important voice in a niche industry. Thank you for allowing us to serve in a great industry.

We will continue to keep our website active with a comment or two each month. The archives will be available for you to look back over the past few years. Also, we will update the classified ads in an effort to support those looking for employees and bargains in surplus equipment. Who knows what the future holds; and don't rule out that we may have the opportunity to restart the publication when the climate improves. It seems to me that a tabloid publication remains the most economical way for advertisers to reach their market�� and a truly independent publication is the logical choice.