Judgment unanimously reversed on the law without costs and judgment granted, in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking 1) to prohibit and enjoin respondents from enforcing the "Offensive or Noxious Odors" ordinance enacted by respondent, the Common Council of the City of Buffalo (the Common Council), under article IX (ch 216) of the Code of the City of Buffalo, and 2) to declare the ordinance unconstitutional...
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