Hudson Valley Light Weight Aggregate Corp. v. Schovel

This is a motion by the plaintiff for an order declaring unconstitutional an ordinance of the Town of Saugerties, Ulster County, which is designed to regulate smoke, gases and waste.

The plaintiff in this action for a declaratory judgment and permanent injunction alleges in its petition and complaint amongst other things that on November 16, 1955 the Town of Saugerties passed an ordinance known as “ Ordinance of the Town of Saugerties for the regulation of smoke, gases and waste. ’ ’ It claims that the ordinance is illegal, invalid and inoperative against plaintiff in that it has never been…