East Coast Lumber Terminal, Inc. v. Town of Babylon

L. HAND, Chief Judge.

The plaintiff is the owner of about eighty acres of land in the Town of Babylon, containing sand and gravel, which it excavates and sells. It seeks to enjoin the town, pendente lite, from enforcing against it an ordinance, a copy of which we annex in the margin. * Its complaint is that the ordinance is unconstitutional under the Fourteenth Amendment, because it deprives the plaintiff of its property without due process of law, and that the defendant has applied it with unconstitutional discrimination. Judge Galston’s opinion 1 states the facts; and in what we say we shall…