Russell Sage College v. City of Troy

Plaintiffs have instituted this action for a judgment declaring void a resolution of the Common Council passed on November 19, 1959, granting permission to defendant Smith to erect a slaughterhouse in the City of Troy and also declaring void the building permit issued to defendant, Smith, pursuant to such resolution and permanently enjoining defendant, Smith, from erecting the proposed slaughterhouse. In that action plaintiffs make this motion for a temporary injunction, pending the trial and determination in this action.

Plaintiffs advance three grounds for granting the temporary injunction.

Th…