King Road Materials, Inc. v. Town Board of Rotterdam

This is an appeal from a judgment of the Supreme Court at Special Term, entered September 10, 1970, in Schenectady County, which granted petitioner’s application, in a pro*358ceeding under article 78 of the CPLR, to vacate and set aside an ordinance enacted by the Town Board of the Town of Rotterdam, Schenectady County, limiting the laden weight of trucks utilizing certain town highways^

The disputed ordinance, Local Law No. 9 for the year 1970, adopted by the Town Board of the Town of Rotterdam on August 5,1970, prohibits the operation of all motor vehicles weighing in excess of eight tons,…