TN. OF ALMOND v. PENFOLD


58 Misc.2d 780 (1969)

Town of Almond, Plaintiff, v. Curtis Penfold et al., Defendants.

Supreme Court, Allegany County.

January 22, 1969


Attorney(s) appearing for the Case

Fleischer & Fitzer (Norman B. Fitzer of counsel), for plaintiff. Cummings & Embser (J. Timothy Embser of counsel), for Curtis Penfold, defendant. Shults & Shults (William A. Argentieri of counsel), for City of Hornell, defendant.


WILLIAM W. SERRA, J.

The plaintiff has brought this action for an injunction against certain landfill dumping operations allegedly conducted by the defendants. In connection with the action, a temporary stay has been granted against the defendants' operations which the plaintiff seeks to continue on motion pursuant to an order to show cause. In opposition to the motion, the defendant Penfold in his affidavit sets forth that the ordinance upon which the...

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