Town of Somers v. Camarco Contractors, Inc.

Hugh 8. Coyle, J.

Plaintiff Town of Somers seeks an injunction preventing the defendant from continuing its sand and gravel business unless it complies with the provisions of a zoning ordinance enacted by plaintiff on April 14,1959. Defendant seeks to have the said zoning ordinance declared unconstitutional insofar as it applies to defendant and its property.

The property involved consists of two tracts of land situated opposite each other on both the east and west sides of Route 100. Title to substantially all of these lands was acquired by defendant’s predecessor in July and August, 1943. In…