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TN OF PORTER v. POLLUTION SER

91 Misc.2d 42 (1977)

Town of Porter, Plaintiff, v. Chem-Trol Pollution Services, Inc., Defendant.

Supreme Court, Erie County.

July 29, 1977

Attorney(s) appearing for the Case

Orr, Brydges & Orr (George A. Orr, Jr. of counsel), for plaintiff. Hodgson, Russ, Andrews, Woods & Goodyear (Robert W. Keller of counsel), for defendant.

JOSEPH P. KUSZYNSKI, J.

Plaintiff, Town of Porter, located in Niagara County, New York seeks a temporary injunction, preventing the excavation of a landfill site covering nine acres and 25 feet in depth by the defendant Chem-Trol Pollution Services, Inc. (Chem-Trol) pending the issuance of a special permit in accord with the town zoning ordinances.

Chem-Trol is engaged in the processing, treating, recycling...

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