A & C v. CITY OF ALBANY


119 Misc.2d 168 (1983)

A & C Sandblasting and Spraypainting, Inc., Plaintiff, v. City of Albany et al., Defendants.

Supreme Court, Trial Term, Albany County.

March 16, 1983


Attorney(s) appearing for the Case

Lombardi, Reinhard, Walsh & Harrison, P. C., for plaintiff. Vincent J. McArdle, Jr., Corporation Counsel (Gary F. Stiglmeier of counsel), for defendant.


JOHN G. CONNOR, J.

Plaintiff seeks a declaratory judgment asking the court to declare an ordinance passed by the Albany Common Council on October 10, 1979 and amended on August 27, 1982 to be unconstitutional.

The ordinances in question prohibit the restoration of "the brick or stone exterior of any building or structure by sandblasting wire brushing by machine or any other procedure or process whereby sand, grit or other abrasive is used or applied...

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