Ludlow's Sand & Gravel Co. v. LaBella

Petitioner moves at Special Term for an order pursuant to CPLR article 78 directing respondent to interpret or change its highway specifications so as to approve petitioner’s "Item 4” gravel for use in place and stead of commercially produced crushed stone mixture as provided in respondent’s specifications as amended November 20, 1968.

The within action is brought in the nature of mandamus to compel respondent to either interpret its specification to include petitioner’s product which is "Item 4” gravel or to change the specification so as to specifically include "Item 4” gravel. Petitioner…