Moore v. Town of Oyster Bay

William B. Brennan, Jr., J.

This is a taxpayer’s action brought pursuant to section 51 of the General Municipal Law seeking a judgment declaring invalid a resolution of the Town Board of the Town of Oyster Bay authorizing the Supervisor of the town to execute a contract with the defendant United *170States Dredging Corporation for the removal of gravel from the bed of Oyster Bay. The plaintiff seeks a temporary injunction prohibiting the execution of such contract pending-trial.

The resolution, adopted subject to a permissive referendum, is attacked as invalid on several grounds. It is alleged that…