Town of Almond v. Penfold

The plaintiff has brought this action for an injunction against certain landfill dumping operations allegedly conducted by the defendants. In connection with the action, a temporary stay has been granted against the defendants’ operations which the plaintiff seeks to continue on motion pursuant to an order to show cause. In opposition to the motion, the defendant Penfold in his affidavit sets forth that the ordinance upon which the plaintiff seeks relief is improperly enacted and void.

The parties, for the purposes of the motions, have stipulated certain facts on the issue of the legality of…