Ciminera v. Sahm

This proceeding was brought under article 78 of the Civil Practice Act to compel the town officials of the township of North Hempstead to enforce an “ Ordinance Relating to Sand Bank and Pit, Topsoil Removal and Other Excavations ”. The petition alleges the validity of the ordinance, the duty of the town officials to enforce the ordinance, and recites specific instances of their refusal, neglect and failure to enforce it. The petition concludes with a prayer for an order directing the town officials to enforce the provisions of the ordinance, and to take steps to collect the license fees due…