Jones v. Town of Carroll, 15 N.Y.3d 141 (2010)

A landowner with a pre-existing, permitted landfill operation has a vested right to expand that operation on the entire parcel, even if only a portion was actively used before a restrictive zoning ordinance was enacted, provided they demonstrate an intent to use the entire parcel for that purpose.

Summary

Donald and Carol Jones were granted a special use variance in 1989 to operate a construction and demolition (C&D) landfill on their 50-acre property. They obtained a DEC permit for a small portion of the land. In 2005, the Town of Carroll enacted a zoning law restricting landfill expansion. The Joneses sued, arguing their prior variance established a right to use the entire parcel. The New York Court of Appeals held that because landfill operations are akin to mining, where the land itself is a resource, the Joneses had a vested right to use the entire property as a landfill, contingent upon continued DEC approval, as their actions demonstrated an intent to use the whole parcel for that purpose before the restrictive zoning law was enacted. The 2005 local law could not extinguish their legal right.

Facts

In 1984, Donald and Carol Jones purchased 50 acres in the Town of Carroll. In 1989, the Town granted them a special use variance for a C&D landfill on the entire property, subject to DEC regulation. Subsequently, the Joneses obtained a DEC permit to operate the landfill on a portion of the land (initially two acres, later expanded to three). The landfill operated as an active business. The Joneses dedicated areas around the landfill for related purposes, purchased heavy equipment, employed a dozen people, developed expansion plans, and discussed future operations with investors.

Procedural History

In 2005, the Town enacted a zoning law restricting landfill expansion. The Joneses sued, seeking a declaration that the new law did not apply to their property. Supreme Court initially granted summary judgment to the Joneses. The Appellate Division modified, denying summary judgment and vacating the declaration, finding the law applicable since the DEC permit covered only three acres and the remaining acreage was merely a contemplated future expansion. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether a landowner with a special use variance for a landfill on their entire property, but with a DEC permit covering only a portion, has a vested right to utilize the entire property for landfill operations, thereby precluding the application of a subsequently enacted zoning law restricting landfill expansion.

Holding

Yes, because the operation of a landfill is similar to mining, where the land itself is a resource, and the landowners demonstrated an intent to use the entire parcel for that purpose before the restrictive zoning law was enacted.

Court’s Reasoning

The Court of Appeals relied on its precedents in Syracuse Aggregate Corp. v. Weise, Buffalo Crushed Stone, Inc. v. Town of Cheektowaga, and Glacial Aggregates LLC v. Town of Yorkshire, which addressed vested rights in mining operations. The Court extended the rationale of those cases to landfills, noting that landfills, like mines, involve the consumption of the land itself. The Court reasoned that landowners can reasonably be expected to hold land in reserve for future landfill expansion. The court stated, “As opposed to other nonconforming uses in which the land is merely incidental to the activities conducted upon it…the use of property as a landfill, like a mine, is unique because it necessarily envisions that the land itself is a resource that will be consumed over time.”

The Court emphasized that the Town had previously acknowledged the suitability of the entire parcel for landfill use by granting the variance. The Joneses’ actions, such as purchasing equipment and developing expansion plans, further demonstrated their intent to use the entire property for landfill operations. The court concluded that limiting the vested right to the area covered by the DEC permit would be unreasonable. “The fact that the DEC permit covered only a limited area is not determinative of plaintiffs’ rights over the remaining 47 acres of the parcel… Instead, the factors to examine are whether the operation of a C & D landfill was a lawful use on the property prior to the enactment of the 2005 zoning law and whether plaintiffs’ activities before that time manifested an intent to utilize all of their property in a manner consistent with that purpose.”