MOBIL OIL v. INC. VIL. OF ROSLYN HARBOR


69 Misc.2d 79 (1972)

Mobil Oil Corporation, Plaintiff, v. Incorporated Village of Roslyn Harbor et al., Defendants. Harbor Fuel Company, Inc., et al., Plaintiffs, v. Incorporated Village of Roslyn Harbor et al., Defendants. Phillips Petroleum Company, Plaintiff, v. Incorporated Village of Roslyn Harbor et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 15, 1972


Attorney(s) appearing for the Case

Chase, Rathkopf & Rathkopf for Mobil Oil Corporation, plaintiff. Payne, Wood & Littlejohn for Harbor Fuel Co., Inc., and another, plaintiffs. Robert S. Forman for Phillips Petroleum Company, plaintiff. Pratt, Caemmerer & Cleary for the Incorporated Village of Roslyn Harbor, defendant. John M. Conroy, Town Attorney, for Town of Oyster Bay, defendant. Joseph Jaspan for Louis J. Frank, as Commissioner of Police of the County of Nassau, defendant.


BERNARD S. MEYER, J.

In three separate actions for declaratory judgment and an injunction, plaintiffs seek to invalidate ordinances of the Town of Oyster Bay and of the Village of Roslyn Harbor which purport to exclude from designated streets trucks in excess of designated weights, and during specified hours, all trucks. Plaintiffs are distributors of gasoline and fuel oil (and in one action the owner of the...

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