Morrell v. C.I.D. Landfill, Inc.

— Order unanimously modified, on the law, and, as modified, affirmed, with *999costs to plaintiffs, in accordance with the following memorandum: Plaintiffs instituted this action pursuant to Town Law § 268 for private enforcement of a zoning ordinance and for an injunction precluding defendant landfill from carrying on its mining activity until it obtains town approval. Town of Sardinia Zoning Ordinance § 7.07 requires town approval before excavation, stockpiling, and sale of mineral matter may be carried on in a residential and agricultural district and empowers the town to impose certain…