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LIZZA & SONS v. TOWN OF HEMPSTEAD

19 Misc.2d 403 (1946)

Lizza & Sons, Inc., et al., Plaintiffs, v. Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 22, 1946.

Attorney(s) appearing for the Case

Charles R. Weeks for plaintiffs.

George R. Brennan for Town of Hempstead, defendant.

James L. Dowsey, Jr., for Town of North Hempstead, defendant.

Theodore V. Summers for Town of Oyster Bay, defendant.

CORTLAND A. JOHNSON, J.

In these actions, the plaintiffs, a group of contractors, who, on occasions, as a part of their business, engage in the removal of topsoil, seek a judgment declaring void so-called uniform ordinances of the Towns of Hempstead, North Hempstead and Oyster Bay regulating the removal of topsoil.

The regulation of topsoil stripping and the operation of sand and gravel pits has been...

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