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TOWN OF AMHERST v. NIAGARA PORT AUTH.

40 Misc.2d 116 (1963)

Town of Amherst et al., Plaintiffs, v. Niagara Frontier Port Authority, Defendant.

Supreme Court, Erie County.

September 6, 1963

Attorney(s) appearing for the Case

Raichle, Moore, Banning & Weiss for plaintiffs. Ohlin, Damon, Morey, Sawyer & Moot for defendant.

REID S. MOULE, J.

This is a motion to dismiss the complaint for legal insufficiency.

By this action, plaintiffs, Towns of Amherst and Cheektowaga, seek an adjudication that the proposed runway extension to the Greater Buffalo International Airport for use by jet aircraft would, if so used, constitute a public nuisance and should therefore be enjoined.

By an earlier motion, the defendant Authority...

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