[2] In 1993, the Town Board passed an amendment to its zoning ordinance, providing it with regulatory control of new mining.

[5] The amendment was ruled by the State Court of Appeals to be a proper exercise of authority by the Town Board.

[5] Regarding the Town Board's belief that mining was occurring on the former Gabel-Thomas property purchased by Gernatt's, Sardinia Town Attorney Anthony DiFillippo, III, stated, "We will bring to the attention of the court that mining is being conducted in violation of state law.

[4] The DEC's Environmental Impact Statement reported that a 276-acre lake would be created throughout the 100-year period due to mining operations.

[13][16] Therefore, municipalities in New York State maintain the right to exercise reasonable police powers to completely prevent mining.