TOWN OF OYSTER BAY v. OPGAL, INC.


30 Misc.2d 716 (1961)

Town of Oyster Bay, Plaintiff, v. Opgal, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 18, 1961


Attorney(s) appearing for the Case

Attilio E. Braune for plaintiff. Robert J. Glasser for Opgal, Inc., and another, defendants. Chanin & Chanin for Davis Construction Corp., defendant.


WILLIAM R. BRENNAN, JR., J.

The plaintiff Town of Oyster Bay moves for a temporary injunction in this action brought for permanent injunction restraining removal of topsoil from land owned by the defendants Opgal, Inc., and Haas. The request for injunctive relief is predicated upon the town's ordinance relating to excavation and removal of topsoil, sand and other earthen materials and the failure of the defendants to apply for or obtain a permit thereunder...

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