Town of Harrison v. Sunny Ridge Builders, Inc.

This action was instituted by the plaintiff to enjoin the defendants named from removing top soil from certain premises in the town of Harrisen, claiming a violation of the zoning ordinances of the town. On a motion for a temporary injunction, Mr. Justice Davis held that the act of the defendant in removing the top soil was not a violation of the zoning ordinance and denied a temporary injunction (169 Misc. 471). With Judge Davis’ determination I am in complete accord.

In answering the complaint herein, the defendants originally named brought in as parties to answer the counterclaim interposed…