Wiggins v. Town of Somers

In this action to declare a certain ordinance of the defendant invalid and unconstitutional, and for an injuction against its enforcement, defendant’s answer contains denials of material allegations of the complaint and two affirmative pleadings designated respectively as first and second defenses and counterclaims. The ordinance purports to prohibit the bringing into, or the dumping within, the town, of garbage, rubbish, abandoned vehicles or parts thereof, from any source originating outside the town. The first defense and counterclaim alleges the fact of the adoption of the ordinance and…