KENNEDY v. HOOG, INC.


48 Misc.2d 107 (1965)

Henry D. Kennedy et al., Plaintiffs, v. Hoog, Inc., Defendant.

Supreme Court, Erie County.

November 16, 1965


Attorney(s) appearing for the Case

Offerman, Fallon & Mahoney for plaintiffs. Moot, Sprague, Marcy, Landy & Fernbach for defendant.


MICHAEL CATALANO, J.

Plaintiffs seek to enjoin defendant from releasing "treated sewage" upon their farm land, claiming irreparable damage by flooding, and demand money damages. Defendant contends that it constructed its sewage disposal plant according to plans approved by the Erie County Department of Health, Division of Environmental Sanitation, and that plaintiffs have "unclean hands."

The court finds...

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