WIGGINS v. TOWN OF SOMERS


4 N.Y.2d 215 (1958)

Bennie Wiggins, Respondent, v. Town of Somers, Appellant.

Court of Appeals of the State of New York.

Decided April 3, 1958.


Attorney(s) appearing for the Case

Harry H. Chambers for appellant.

Arthur H. Ellis for respondent.

Judges DYE, FROESSEL and BURKE concur with Chief Judge CONWAY; Judge DESMOND dissents in an opinion in which Judges FULD and VAN VOORHIS concur.


Chief Judge CONWAY.

The issue presented by this appeal is the validity of an ordinance of the town of Somers which provides, in substance, that no person may transport or dump within the town garbage "originating outside of the Town of Somers". In this suit to restrain the enforcement of the ordinance, the town's counterclaim to restrain plaintiff's violation thereof...

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