Town of North Hempstead v. Colonial Sand & Stone Co.

Plaintiff, the Town of North Hemp-stead, has instituted an action against three defendants engaged in mining sand and gravel within the unincorporated area of the town, to enjoin them from conducting sand mining or excavation until such time as they shall obtain from the plaintiff a permit as required by its “ Ordinance Relating to Sand Bank and Pit, Topsoil Removal and Other Excavations.”

Two of the defendants now move for summary judgment on their counterclaims and for judgment dismissing the complaint. Considered on these motions in addition to the pleadings and various affidavits, are the…