Town of North Hempstead v. Incorporated Village of Westbury

OPINION OF THE COURT

Eli Wager, J.

Two related lawsuits have been commenced both raising issues arising out of chapter 46 of the Town of North Hemp-stead Code (Sanitation Code) and its State enabling legislation. The first action, Town of N. Hempstead v Incorporated Vil. of Westbury (index No. 5271/91), was commenced by the Town of North Hempstead (Town) and the Town of North Hempstead Solid Waste Authority to permanently enjoin alleged violations of the Town’s Sanitation Code. The defendants Incorporated Villages of Mineóla and Westbury have counterclaimed alleging, inter alla, tortious…